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American Flat Glass Distributors, Inc. v. Michael

Citations: 260 Ga. 312; 392 S.E.2d 855; 1990 Ga. LEXIS 251Docket: S90A0981

Court: Supreme Court of Georgia; June 22, 1990; Georgia; State Supreme Court

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The trial court issued a judgment and order on August 31, 1989. American Flat Glass Distributors, Inc. filed a motion to amend the court's findings of fact and conclusions of law on September 19, 1989, but did not submit a notice of appeal or any other specified motions within the required thirty days following the initial order. The trial court denied the motion to amend on December 7, 1989, after which the appellants filed a notice of appeal on December 21, 1989. According to OCGA § 5-6-38, a trial court's judgment becomes final thirty days post-entry unless certain motions are filed within that period. The only motion filed by the appellants within the thirty days was the motion to amend, which does not qualify as a motion that extends the appeal deadline under the Georgia Appellate Practice Act, as established in Taylor v. City of Columbus. Consequently, the appeal was dismissed, with all Justices concurring.