Associated Distributors, Inc. v. Willard, 33860
Decision Date | 27 September 1978 |
Docket Number | No. 33860,33860 |
Citation | 248 S.E.2d 645,242 Ga. 247 |
Court | Georgia Supreme Court |
Parties | ASSOCIATED DISTRIBUTORS, INC., et al. v. WILLARD et al. |
Thomas E. Lawrence, Webb, Fowler & Tanner, Jones Webb, J. L. Edmondson, Lawrenceville, for appellants.
Harvey, Willard, Elliott & Olsen, William S. Olsen, Decatur, for appellees.
Willard filed an equitable complaint to cancel certain liens filed by judgment creditors of T. M. Smith. Willard and Smith were the record title holders of the property on which the liens were filed. The trial court found that Smith had no equitable interest in the property and ordered the liens canceled. The order was entered on January 3, 1978, and filed with the clerk on January 5, 1978.
On April 11, 1978, appellants filed a petition for extension of time for filing an appeal, alleging that they were not notified of the court's order until April 10, 1978. After hearing, the trial court entered an order extending the time for filing a notice of appeal to May 10, 1978.
The appellee has filed a motion to dismiss the appeal, contending that under the facts of this case, the trial court was without authority to enter the order extending the time for filing the notice of appeal.
Jordan v. Caldwell, 229 Ga. 343, 344, 191 S.E.2d 530, 531 (1972). See also Rogers v. Rogers, 238 Ga. 576, 234 S.E.2d 495 (1977).
Code Ann. § 6-804 explicitly requires that any application for an extension of time to file a notice of appeal "must be made before expiration of the period for filing as originally prescribed" and that "only one extension of time shall be granted for filing of notice of appeal." Those requirements are jurisdictional. Jordan v. Caldwell, supra.
Appeal dismissed.
All the Justices concur, except...
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