From Casetext: Smarter Legal Research

Morris v. State

Court of Appeals of Georgia
May 8, 1967
155 S.E.2d 735 (Ga. Ct. App. 1967)

Opinion

42765.

SUBMITTED MAY 1, 1958.

DECIDED MAY 8, 1967.

Appellate procedure. Richmond Superior Court. Before Judge Kennedy.

Oscar H. Allen, for appellant.

George Hains, Solicitor General, for appellee.


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. Stanford 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. Bell, P. J., Pannell and Joslin, JJ., concur.

SUBMITTED MAY 1, 1958 — DECIDED MAY 8, 1967.


Summaries of

Morris v. State

Court of Appeals of Georgia
May 8, 1967
155 S.E.2d 735 (Ga. Ct. App. 1967)
Case details for

Morris v. State

Case Details

Full title:MORRIS v. THE STATE

Court:Court of Appeals of Georgia

Date published: May 8, 1967

Citations

155 S.E.2d 735 (Ga. Ct. App. 1967)
115 Ga. App. 715

Citing Cases

Johnson v. State

Based on OCGA §§ 5-6-38 and 5-6-39, this court does not have jurisdiction and the appeal should be dismissed.…

Fremichael v. Doe

While the trial court may grant an extension of time in which to file a notice of appeal, the motion…