Grant v. State, 61290
| Decision Date | 05 February 1981 |
| Docket Number | No. 61290,61290 |
| Citation | 157 Ga.App. 390,278 S.E.2d 53 |
| Parties | GRANT v. The STATE. |
| Court | Georgia Court of Appeals |
Lawrence Lee Washburn, III, Atlanta, for appellant.
Lewis R. Slaton, Dist. Atty., Joseph J. Drolet, Margaret V. Lines, Thomas Jones, Asst. Dist. Attys., for appellee.
The instant appeal was taken from an order overruling defendant's motion for new trial which was entered on September 12, 1980. The appeal was filed October 15, 1980. Held:
The appeal must be dismissed. The thirtieth day for filing the appeal fell on October 12, 1980, a Sunday. The following Monday, October 13, 1980, was a holiday. Thus, the defendant had until October 14, 1980, to file the appeal but failed to do so until the following day.
Even as to criminal cases, " 'the proper and timely filing of the notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court'." Hester v. State, 242 Ga. 173, 175, 249 S.E.2d 547. Accord, Lowe v. State, 149 Ga.App. 700, 257 S.E.2d 48; Pittman v. State, 229 Ga. 656, 193 S.E.2d 820. No extension of the time for filing having been granted, the appeal was untimely.
Appeal dismissed.
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Grant v. State
...12, 1980. Appeal followed to this Court on October 15, 1980. We dismissed for failure to timely file the appeal. Grant v. State, 157 Ga.App. 390, 278 S.E.2d 53. On February 19, 1981, the trial court--"[d]ue to good and sufficient cause being shown" granted this "out of time" appeal which is......
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Oller v. State, 76449
...9, 1987 fell on a Saturday, the filing time was extended by law to Monday, May 11, 1987. See e.g., OCGA § 1-3-1(d)(3); Grant v. State, 157 Ga.App. 390, 278 S.E.2d 53. On May 5, 1987, appellant who was then incarcerated in jail signed a letter, addressed to the trial judge, which although in......
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...JOHNSON, C.J., POPE, P.J., ANDREWS, P.J., BLACKBURN, P.J., SMITH, P.J., ELDRIDGE, BARNES, MILLER, ELLINGTON, PHIPPS and MIKELL, JJ., concur. 1.Grant v. State, 157 Ga.App. 390, 278 S.E.2d 53 2. 124 Ga.App. 700, 701, 185 S.E.2d 578 (1971). 3. 210 Ga.App. 805-806(1), 437 S.E.2d 496 (1993). 4. ......