Opinion
53360.
ARGUED JANUARY 7, 1977.
DECIDED MARCH 16, 1977. REHEARING DENIED MARCH 31, 1977.
Workmen's compensation. Fulton Superior Court. Before Judge McKenzie.
Preston L. Holland, for appellant.
Swift, Currie, McGhee Hiers, Charles L. Drew, John A. Ferguson, Jr., for appellees.
Appellant Ellis sought to appeal the judgment of the superior court judge affirming the award of the State Board of Workmen's Compensation which denied compensation to the claimant. Appellant failed to file a timely appeal from the judgment of the superior court, but, instead, filed a motion styled "Motion for Order for More Definite Findings by State Board of Workmen's Compensation and Motion for Reconsideration of Judgment Affirming State Board of Workmen's Compensation." Thereafter, appellees filed a motion to dismiss claimant's "Motion for Reconsideration," which motion was granted after a hearing by the trial court. Appellant appeals the dismissal of his "Motion for Reconsideration," and enumerates nine errors, all relating to the merits of the claim for compensation. Appellees moved this court to dismiss appellant's appeal. Held:
Appellees' motion to dismiss appellant's appeal is granted. A party must file a notice of appeal within 30 days after entry of the appealable decision or judgment complained of, unless a motion for new trial, or a motion in arrest of judgment, or a motion for judgment notwithstanding the verdict has been filed. Code Ann. § 6-803. This, appellant failed to do, but, instead, filed a "Motion for Reconsideration," which is not one of the three statutory motions which extend the time of filing of the notice of appeal. Groenendijk v. Groenendijk, 226 Ga. 800 ( 177 S.E.2d 686) (1970) and cit. The failure to file notice of appeal within the time required by statute is one of the statutory grounds for dismissal of the appeal. Code Ann. § 6-809 (b) (1); Banks v. Banks, 221 Ga. 626 ( 146 S.E.2d 636) (1966); Wilson v. McQueen, 224 Ga. 420 ( 162 S.E.2d 313) (1968); Adamson v. Adamson, 226 Ga. 719, 720 ( 177 S.E.2d 241) (1970); Herrington v. Herrington, 230 Ga. 94 ( 195 S.E.2d 654) (1973); Fastenberg v. Associated Distributors, 134 Ga. App. 213, 214 ( 213 S.E.2d 898) (1975).
Appeal dismissed. Deen, P. J., and Webb, J., concur.