Narrative Opinion Summary
On June 19, 2018, the trial court granted Diane L. Gilbreth temporary custody of Laura Lee Steedley’s minor child, C. B. G. Steedley filed a notice of appeal on July 27, 2018, which was determined to be untimely as it exceeded the 30-day limit set by OCGA 5-6-38 (a). The timely filing of a notice of appeal is essential for the Court of Appeals to have jurisdiction. Consequently, since Steedley’s notice was filed 38 days after the order, the appeal is dismissed for lack of jurisdiction. The notice was initially filed as an alternative to a mandamus petition and addressed two orders from separate proceedings but is specifically focused on the order in case 18CV061.
Legal Issues Addressed
Appeal Process and Alternative Legal Remediessubscribe to see similar legal issues
Application: The notice of appeal was initially filed as an alternative to a mandamus petition, indicating that appellants may seek alternative remedies if direct appeal deadlines are missed.
Reasoning: The notice was initially filed as an alternative to a mandamus petition and addressed two orders from separate proceedings but is specifically focused on the order in case 18CV061.
Jurisdiction of Court of Appealssubscribe to see similar legal issues
Application: The court dismissed the appeal due to lack of jurisdiction because the notice of appeal was not filed within the statutory period.
Reasoning: Consequently, since Steedley’s notice was filed 38 days after the order, the appeal is dismissed for lack of jurisdiction.
Timely Filing of Notice of Appeal under OCGA 5-6-38 (a)subscribe to see similar legal issues
Application: The case emphasizes that for the Court of Appeals to have jurisdiction, the notice of appeal must be filed within 30 days of the order being appealed.
Reasoning: The timely filing of a notice of appeal is essential for the Court of Appeals to have jurisdiction.