Opinion
A23A0326
09-29-2022
EARTH BERRY, LLC v. SUNBELT RENTALS, INC.
The Court of Appeals hereby passes the following order
On May 27, 2022, the trial court granted Sunbelt Rentals, Inc.'s motion for partial summary judgment on defendant Earth Berry, LLC's counterclaim for breach of contract. Earth Berry, LLC filed a notice of appeal on June 29, 2022. We, however, lack jurisdiction.
To be timely, a notice of appeal must be filed within 30 days after entry of the appealable order. See OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. See Perlman v. Perlman, 318 Ga.App. 731, 739 (4) (734 S.E.2d 560) (2012); GMC Group v. Harsco Corp., 293 Ga.App. 707, 707 (667 S.E.2d 916) (2008). Because the appellant filed its notice of appeal 33 days after entry of the order it wishes to appeal, this appeal is untimely. It is therefore DISMISSED for lack of jurisdiction.