Rimes v. State, 73763
| Decision Date | 09 April 1987 |
| Docket Number | No. 73763,73763 |
| Citation | 356 S.E.2d 897,182 Ga.App. 721 |
| Parties | RIMES v. The STATE. |
| Court | Georgia Court of Appeals |
George A. Zettler, Savannah, for appellant.
Spencer Lawton, Jr., Dist. Atty., John E. Morse, Jr., Asst. Dist. Atty., for appellee.
The requirement of a timely filed notice of appeal is jurisdictional, even as to criminal cases, and, absent an extension, upon the failure to file such notice within 30 days after a judgment becomes final the appeal must be dismissed. OCGA §§ 5-6-38(a) and 5-6-39. Melton v. State, 177 Ga.App. 134, 338 S.E.2d 701 (1985); Barthell v. State, 174 Ga.App. 459, 330 S.E.2d 180 (1985); Taylor v. State, 173 Ga.App. 745, 327 S.E.2d 860 (1985); Westerfield v. State, 169 Ga.App. 510, 313 S.E.2d 768 (1984); and the cases cited.
Appeal dismissed.
I am unable to agree with the majority's holding that the appeal should be dismissed as it is my view that the case sub judice is controlled by the decision in Evitts v. Lucey, 469 U.S. 387, 105 S.Ct. 830, 83 L.Ed.2d 821, and should be decided on the merits.
I am authorized to state that Chief Judge BIRDSONG, Judge SOGNIER and Judge BENHAM join in this dissent.
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Rowland v. State
...Clay v. State, 194 Ga.App. 354, 391 S.E.2d 143 (1990); Snelson v. State, 190 Ga.App. 320, 378 S.E.2d 723 (1989); Rimes v. State, 182 Ga.App. 721, 356 S.E.2d 897 (1987) (appeals dismissed due to untimely notice of appeal). In an effort to comport with Evitts v. Lucey, supra, the Court of App......
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Conway v. State, 74270
...case on its merits rather than dismiss the same because of the late filing of a notice of appeal. For example, in Rimes v. State, 182 Ga.App. 721, 356 S.E.2d 897 (1987), a whole court case, the appeal was dismissed for lack of jurisdiction in view of an untimely filing of a notice of appeal......
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Johnson v. State, 73907
...a notice of appeal in compliance with OCGA §§ 5-6-38(a) and 5-6-39 is essential to confer appellate jurisdiction. See Rimes v. State, 182 Ga.App. 721, 356 S.E.2d 897 (1987). However, it has long been recognized that an abortive attempt to appeal a criminal conviction due to a technical erro......
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Snelson v. State, 77520
...upon the failure to file such notice within 30 days after a judgment becomes final the appeal must be dismissed." Rimes v. State, 182 Ga.App. 721, 356 S.E.2d 897 (1987) and cits. The dissent's assertions to the contrary, the Supreme Court's decision in Evitts v. Lucey, 469 U.S. 387, 105 S.C......