Stancil v. Kendrix

Court of Appeals of Georgia

Stancil v. Kendrix

378 S.E.2d 417, 189 Ga. App. 909, 1989 Ga. App. LEXIS 69

CourtCourt of Appeals of Georgia

DecidedJanuary 23, 1989

DocketA89A0658

StatusPublished

Cited by2 cases

This text of 378 S.E.2d 417 (Stancil v. Kendrix) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stancil v. Kendrix, 378 S.E.2d 417, 189 Ga. App. 909, 1989 Ga. App. LEXIS 69 (Ga. Ct. App. 1989).

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Opinion

Pope, Judge.

The trial court’s denial of appellant’s Motion for New Trial was filed in the clerk’s office on October 6, 1988. Appellant’s Notice of Appeal was filed in the clerk’s office on November 8, 1988. Although the 30-day period for filing a notice of appeal allowed by OCGA § 5-6-38 (a) ended on November 5, that date was a Saturday. By operation of OCGA § 1-3-1 (3), appellant had through the following Monday, November 7, to file a timely notice of appeal. While the notice of appeal is dated November 7, it was not filed until November 8. Timely [910]*910filing is the necessary act; without it, this court is without jurisdiction and the appeal must be dismissed. Moncrief v. Tara Apts., 162 Ga. App. 695 (293 SE2d 352) (1982).

Decided January 23, 1989. Cornwell, Church & Healy, Timothy P. Healy, for appellant. John M. Brown, for appellee.

Appeal dismissed.

McMurray, P. J., and Benham, J., concur.

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Pope, Judge.

The trial court’s denial of appellant’s Motion for New Trial was filed in the clerk’s office on October 6, 1988. Appellant’s Notice of Appeal was filed in the clerk’s office on November 8, 1988. Although the 30-day period for filing a notice of appeal allowed by OCGA § 5-6-38 (a) ended on November 5, that date was a Saturday. By operation of OCGA § 1-3-1 (3), appellant had through the following Monday, November 7, to file a timely notice of appeal. While the notice of appeal is dated November 7, it was not filed until November 8. Timely [910]*910filing is the necessary act; without it, this court is without jurisdiction and the appeal must be dismissed. Moncrief v. Tara Apts., 162 Ga. App. 695 (293 SE2d 352) (1982).

Decided January 23, 1989. Cornwell, Church & Healy, Timothy P. Healy, for appellant. John M. Brown, for appellee.

Appeal dismissed.

McMurray, P. J., and Benham, J., concur.

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Bluebook (online)

378 S.E.2d 417, 189 Ga. App. 909, 1989 Ga. App. LEXIS 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stancil-v-kendrix-gactapp-1989.

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