Opinion
A24A0063
08-18-2023
EUGENE FRENCH v. THE STATE.
ORDER
In 2006, a jury found Eugene French guilty of two counts of aggravated child molestation, and we affirmed his convictions on direct appeal. French v. State, 288 Ga.App. 775 (655 S.E.2d 224) (2007). In 2022, French filed an extraordinary motion for new trial, which the trial court dismissed on January 9, 2023. French filed this direct appeal of the dismissal order on July 13, 2023. Pretermitting whether the dismissal order is directly appealable, we lack jurisdiction because this appeal is untimely. A notice of appeal must be filed within 30 days of entry of the order being appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon an appellate court. Couch v. United Paperworkers Intl. Union, 224 Ga.App. 721, 721 (482 S.E.2d 704) (1997). Because French filed his notice of appeal 185 days after entry of the dismissal order, this appeal is untimely and is hereby DISMISSED.
Under OCGA § 5-6-35 (a) (7), appeals from orders on extraordinary motions for new trial must comply with the discretionary appeals procedure.