Opinion
61851.
DECIDED MAY 22, 1981.
Trespass; property damage. Burke Superior Court. Before Judge Pickett.
Robert R. Black, pro se. Patrick J. Rice, for appellee.
"The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court." Jordan v. Caldwell, 229 Ga. 343, 344 ( 191 S.E.2d 530) (1972); Mayo v. State, 148 Ga. App. 213, 214 ( 251 S.E.2d 80) (1978). See also Martin v. Martin, 238 Ga. 281 ( 232 S.E.2d 842) (1977); Moore v. First Nat. Bank of Atlanta, 148 Ga. App. 631 ( 252 S.E.2d 60) (1979); Blumenau v. C. S. Nat. Bank, 139 Ga. App. 188 ( 228 S.E.2d 302) (1976); Patterson v. Professional Resources, Inc., 140 Ga. App. 315 (1) ( 231 S.E.2d 88) (1976); Hinkins v. Francis, 154 Ga. App. 716 ( 270 S.E.2d 33) (1980).
The final judgment in this case was signed on May 20 and filed May 21, 1980. On June 20 the appellant filed a motion for extension of time to file a notice of appeal which was granted the same day, extending the time "for an additional ninety days, making a total of 120 days from the entry of judgment in which the plaintiff may file a notice of appeal." This order is in contravention of Code § 6-804 which provides that the extension of time for notice of appeal "shall not exceed the time otherwise allowed by these rules for the filing of the notice originally," in other words, thirty days from the date of entry of the judgment as required by Code § 6-803. Regardless of this, however, the notice of appeal was not filed until September 19, 1981, more than ninety days from the date of the extending order and more than 120 days from the date of judgment.
The motion to dismiss the appeal is granted.
Appeal dismissed. Banke and Carley, JJ., concur.