Model Cleaners & Laundry, Inc. v. Per Corp.
| Decision Date | 15 November 1972 |
| Docket Number | No. 1,No. 47566,47566,1 |
| Citation | 127 Ga.App. 559,194 S.E.2d 258 |
| Parties | MODEL CLEANERS & LAUNDRY, INC. v. PER CORPORATION et al |
| Court | Georgia Court of Appeals |
Virgil C. Spence, Marietta, for appellant.
Custer, Smith & Manning, Donald D. Smith, Marietta, for appellees.
Syllabus Opinion by the Court
The Superior Court of Cobb County sustained the motion to dismiss and the motion to quash service of the defendant, Per Corporation, on March 1, 1972. The plaintiff obtained a certificate of immediate review on March 9, 1972 and filed its notice of appeal on April 6, 1972. Held:
The notice of appeal must be filed within 30 days after entry of an appealable judgment (Code Ann. § 6-803(a), Ga.L.1965, pp. 18, 21, as amended), unless the time is extended by the trial judge. Code Ann. § 6-804 (Ga.L.1965, pp. 18, 21). There was no extension of time sought or granted in this case.
Failure to file notice of appeal within the time required is a statutory ground for dismissal. Code Ann. § 6-809(b)(1) (). See Jordan v. Caldwell, 229 Ga. 343, 344, 191 S.E.2d 530; Associated Builders Supply v. Georgia-Pacific Corp., 123 Ga.App. 222, 180 S.E.2d 273; Bailey v. Bonaparte, 125 Ga.App. 512, 188 S.E.2d 119.
Therefore, the defendant's motion to dismiss the appeal is granted.
Appeal dismissed.
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...or obtain an extension of time within the 30-day period. This makes the appeal subject to dismissal. Model Cleaners & Laundry v. Per Corp., 127 Ga.App. 559, 194 S.E.2d 258 (1972).' Venable v. Block, 141 Ga.App. 523, 524, 233 S.E.2d 878, 879." Smith v. Forrester, 145 Ga.App. 281, 282, 243 S.......
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...or obtain an extension of time within the 30-day period. This makes the appeal subject to dismissal. Model Cleaners & Laundry v. Per Corp., 127 Ga.App. 559, 194 S.E.2d 258 (1972). There is a line of cases holding to the effect that, even where a motion for new trial was void, an appeal file......
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...6-809(b)(1) (Ga.L.1965, pp. 18, 29, as amended); Blanton v. Jones, 230 Ga. 866, 199 S.E.2d 801 (1973); Model Cleaners & Laundry, Inc. v. Per Corp., 127 Ga.App. 559, 194 S.E.2d 258 (1972). 'The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction u......
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