Narrative Opinion Summary
Barbara Peach's appeal was dismissed due to untimeliness. The trial court's judgment was signed on June 29, 2006, with a notice of appeal due by July 31, 2006. Peach filed her notice on October 4, 2006, 97 days post-judgment, arguing she was entitled to a 90-day extension based on alleged late notice of the judgment and a request for findings of fact filed on August 2, 2006. However, the court found no evidence that Peach established late notice in the trial court, nor that the court had to provide findings since the case was jury-tried. Thus, Peach's request did not qualify for an extended appeal period. The court emphasized that the notice of appeal should have been filed within 30 days of the judgment, with a possible extension request within 15 days thereafter. Since Peach did not meet these deadlines, her appeal was dismissed for lack of jurisdiction, along with all pending motions.
Legal Issues Addressed
Extension of Appeal Periodsubscribe to see similar legal issues
Application: The appellant's argument for a 90-day extension based on late notice and a request for findings of fact was rejected by the court due to lack of evidence and procedural requirements.
Reasoning: Peach argued she was entitled to a 90-day extension based on alleged late notice of the judgment and a request for findings of fact filed on August 2, 2006. However, the court found no evidence that Peach established late notice in the trial court, nor that the court had to provide findings since the case was jury-tried.
Jurisdiction and Appeal Deadlinessubscribe to see similar legal issues
Application: The court emphasized that the jurisdiction to hear the appeal was lost due to non-compliance with filing deadlines for the notice of appeal and extension requests.
Reasoning: The court emphasized that the notice of appeal should have been filed within 30 days of the judgment, with a possible extension request within 15 days thereafter. Since Peach did not meet these deadlines, her appeal was dismissed for lack of jurisdiction, along with all pending motions.
Timeliness of Appeal Noticesubscribe to see similar legal issues
Application: The court dismissed the appeal due to the appellant's failure to file the notice of appeal within the required time frame.
Reasoning: Barbara Peach's appeal was dismissed due to untimeliness. The trial court's judgment was signed on June 29, 2006, with a notice of appeal due by July 31, 2006. Peach filed her notice on October 4, 2006, 97 days post-judgment.