Hill v. Buttram, A02A1034.
| Decision Date | 17 April 2002 |
| Docket Number | No. A02A1034.,A02A1034. |
| Citation | 564 S.E.2d 531,255 Ga. App. 123 |
| Parties | HILL et al. v. BUTTRAM. |
| Court | Georgia Court of Appeals |
OPINION TEXT STARTS HERE
Thomas M. Rego, Tallapoosa, for appellants.
Gammon & Anderson, Joseph N. Anderson, Cedartown, for appellee.
Irene Hill and Houston Stone Mobbs brought a declaratory judgment action against Kent Buttram in a boundary dispute. On September 11, 2001, the trial court entered judgment in favor of Buttram on a jury's verdict, expressly reserving ruling on Buttram's motion for an award of OCGA § 9-15-14 attorney fees. After the trial court denied Buttram's request for attorney fees on October 17, 2001, Hill and Mobbs filed a notice of appeal on November 15, 2001.
The order Hill and Mobbs appealed from is not the October 17, 2001 order denying attorney fees, as stated in their notice of appeal. Rather, the final judgment in this case is the one based on the jury verdict, issued on September 11, 2001, and their enumerations of error address matters that occurred during the trial. Therefore, their notice of appeal, filed 65 days after the September 11, 2001 judgment, is untimely.
The order denying attorney fees is not the final judgment in the case, as demonstrated by OCGA § 9-15-14(e). The Code section provides that a motion for attorney fees must be filed within 45 days of "final disposition of the action." The phrase "final disposition" in OCGA § 9-15-14(e) is synonymous with the phrase "final judgment" found in OCGA § 5-6-34(a)(1), "that is to say, where the case is no longer pending in the court below." (Punctuation omitted.) Fairburn Banking Co. v. Gafford, 263 Ga. 792, 793, 439 S.E.2d 482 (1994); Marshall v. Ricmar, Inc., 215 Ga.App. 470, 451 S.E.2d 515 (1994). See Nairon v. Land, 242 Ga.App. 259, 260-261(1), 529 S.E.2d 390 (2000) ().
A proper and timely filed notice of appeal is an absolute requirement to confer jurisdiction upon this Court. Brown v. Webb, 224 Ga.App. 856, 482 S.E.2d 382 (1997). Because Hill and Mobbs failed to file their notice of appeal within 30 days of the final disposition of the case, this appeal is hereby dismissed. OCGA § 5-6-48(b)(1).
Appeal dismissed.
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...we dismiss his untimely appeal from the order dismissing the change-in-custody petition. See OCGA § 5–6–48(b)(1); Hill v. Buttram, 255 Ga.App. 123, 124, 564 S.E.2d 531 (2002); see also In the Interest of C.M.L., 260 Ga.App. at 503(1), 580 S.E.2d 276. Judgment affirmed in part; dismissed in ......
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Sprenkle v. Sprenkle
...S.E.2d 353 (2011) (motion for fees pursuant to OCGA § 9-15-14 does not toll time to appeal from final judgment); Hill v. Buttram , 255 Ga. App. 123, 124, 564 S.E.2d 531 (2002) (same). Because the husband failed to timely appeal from the March 29, 2021 order, this Court is without jurisdicti......
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Barnes v. Barnes
...310 Ga. App. 480, 481, 713 S.E.2d 678 (2011) (pending claim for attorney fees renders appeal interlocutory), with Hill v. Buttram , 255 Ga. App. 123, 124, 564 S.E.2d 531 (2002) (reservation of OCGA § 9-15-14 attorney fees issue does not extend time for filing notice of appeal).7 Capehart , ......
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O'leary v. Whitehall Constr., s. S10A1443
...did not toll the time for the O'Learys to appeal from the March 2009 order denying their motion for new trial. See Hill v. Buttram, 255 Ga.App. 123, 564 S.E.2d 531 (2002) (motion for fees pursuant to OCGA § 9–15–14 does not toll time to appeal from final judgment). Since the O'Learys failed......