Morris v. State, 42765
| Decision Date | 08 May 1967 |
| Docket Number | No. 42765,No. 2,42765,2 |
| Citation | 155 S.E.2d 735,115 Ga.App. 715 |
| Parties | John MORRIS v. The STATE |
| Court | Georgia Court of Appeals |
Oscar Allen, Augusta, for appellant.
George Hains, Sol. Gen., Augusta, for appellee.
Syllabus Opinion by the Court
1. Under Sec. 6 of the Appellate Practice Act (Ga.L.1965, pp. 18, 21, as amended; Code Ann. § 6-804), a trial court has no jurisdiction to grant an extension of time for filing a notice of appeal where application for an extension is not made before expiration of the 30-day period prescribed by Sec. 5 of the Act (Code Ann. § 6-803).
2. The notice of appeal in this case having been filed more than 30 days after entry of the judgment appealed from and no valid extension of time having been granted pursuant to Sec. 6 of the Act, this court is without jurisdiction. Standford v. Evans, Reed & Williams, 221 Ga. 331, 145 S.E.2d 504; Smith v. Smith, 113 Ga.App. 111(3), 147 S.E.2d 466; Lanier v. Fuller, 113 Ga.App. 234, 147 S.E.2d 875; Seaton v. Redisco, Inc., 113 Ga.App. 256(1), 147 S.E.2d 828.
Appeal dismissed.
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Johnson v. State, 73262
...for filing a notice of appeal where the application is not made before the expiration of 30 days. OCGA § 5-6-39(d); Morris v. State, 115 Ga.App. 715, 155 S.E.2d 735 (1967). The consent by the state does not confer jurisdiction. Blackburn v. State, 169 Ga.App. 498, 314 S.E.2d 244 An out-of-t......
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Fremichael v. Doe
...must be filed before the 30 days in which to file the notice of appeal have expired. See OCGA §§ 5-6-38, 5-6-39; Morris v. State, 115 Ga.App. 715, 155 S.E.2d 735 (1967). ...