Willis v. State

Court of Appeals of Georgia

Willis v. State

366 S.E.2d 778, 186 Ga. App. 197, 1988 Ga. App. LEXIS 285

CourtCourt of Appeals of Georgia

DecidedFebruary 15, 1988

Docket75441

StatusPublished

Cited by6 cases

This text of 366 S.E.2d 778 (Willis v. State) 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.

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Willis v. State, 366 S.E.2d 778, 186 Ga. App. 197, 1988 Ga. App. LEXIS 285 (Ga. Ct. App. 1988).

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McMurray, Presiding Judge.

Appellant’s motion for out-of-time appeal was denied on February 27, 1987. On April 2, 1987, appellant requested, by motion, an extension of time to prepare his appeal. Appellant filed a notice of appeal on May 6, 1987. Appellee moved to dismiss appellant’s appeal “on the basis that he failed to file a notice of appeal within 30 days from the date of the entering of the Judgment appealed therefrom and further failed to file said appeal within 30 days from any extension which could have been granted in said case.” On June 25, 1987, the superior court granted appellee’s motion to dismiss appellant’s appeal. Held:

OCGA § 5-6-38 requires that a notice of appeal be filed “within 30 days after entry of the appealable decision or judgment complained of . . .” (No motion of a type which would toll the running of the 30-day period was filed in the case sub judice.) OCGA § 5-6-39 (c) permits only one extension of time for filing of a notice of appeal “and the extension shall not exceed the time otherwise allowed for the filing of the notices initially.” Accordingly, the superior court did not err in dismissing the underlying appeal from its order of February 27, 1987. See OCGA § 5-6-48 (b) (1); Hester v. State, 242 Ga. 173 (249 SE2d 547); Mayo v. State, 148 Ga. App. 213 (251 SE2d 80). Accord Hamby v. State, 162 Ga. App. 348 (291 SE2d 724).

Judgment affirmed.

Birdsong, C. J., Deen, P. J., Banke, P. J., Carley, Sognier and Benham, JJ., concur. Pope and Beasley, JJ., dissent.

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McMurray, Presiding Judge.

Appellant’s motion for out-of-time appeal was denied on February 27, 1987. On April 2, 1987, appellant requested, by motion, an extension of time to prepare his appeal. Appellant filed a notice of appeal on May 6, 1987. Appellee moved to dismiss appellant’s appeal “on the basis that he failed to file a notice of appeal within 30 days from the date of the entering of the Judgment appealed therefrom and further failed to file said appeal within 30 days from any extension which could have been granted in said case.” On June 25, 1987, the superior court granted appellee’s motion to dismiss appellant’s appeal. Held:

OCGA § 5-6-38 requires that a notice of appeal be filed “within 30 days after entry of the appealable decision or judgment complained of . . .” (No motion of a type which would toll the running of the 30-day period was filed in the case sub judice.) OCGA § 5-6-39 (c) permits only one extension of time for filing of a notice of appeal “and the extension shall not exceed the time otherwise allowed for the filing of the notices initially.” Accordingly, the superior court did not err in dismissing the underlying appeal from its order of February 27, 1987. See OCGA § 5-6-48 (b) (1); Hester v. State, 242 Ga. 173 (249 SE2d 547); Mayo v. State, 148 Ga. App. 213 (251 SE2d 80). Accord Hamby v. State, 162 Ga. App. 348 (291 SE2d 724).

Judgment affirmed.

Birdsong, C. J., Deen, P. J., Banke, P. J., Carley, Sognier and Benham, JJ., concur. Pope and Beasley, JJ., dissent.

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366 S.E.2d 778, 186 Ga. App. 197, 1988 Ga. App. LEXIS 285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willis-v-state-gactapp-1988.

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