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Jones v. Perkins

Court of Appeals of Georgia
Jul 14, 1989
384 S.E.2d 927 (Ga. Ct. App. 1989)

Opinion

A89A1053.

DECIDED JULY 14, 1989.

Appeal dismissal. Liberty Superior Court. Before Judge Cavender.

Charles Jones, pro se.

Dorothy Jones, pro se. John E. Pirkle, for appellee.


Pro se appellants seek to bring their case to this court by a notice of appeal filed on January 20, 1989, from a judgment entered on December 20, 1988. This was one day late because OCGA § 5-6-38 requires the filing to be within 30 days after entry of the appealable decision or judgment complained of. No request for an extension of time was obtained, as could have been done in the trial court. OCGA § 5-6-39. In these circumstances, the requirements of the code section are jurisdictional and failure to comply with them mandates a dismissal of the appeal. In re Doe, 188 Ga. App. 255 ( 372 S.E.2d 822) (1988); Hull v. Campbell, 130 Ga. App. 637 ( 204 S.E.2d 312) (1974); Associated Bldrs. Supply v. Ga.-Pacific Corp., 123 Ga. App. 222 ( 180 S.E.2d 273) (1971). Compare Cambron v. Canal Ins. Co., 246 Ga. 147 (1) ( 269 S.E.2d 426) (1980); Willis v. State, 186 Ga. App. 197 ( 366 S.E.2d 778) (1988), s.c. 189 Ga. App. 404 ( 377 S.E.2d 552) (1988).

Appeal dismissed. Carley, C. J., and McMurray, P. J., concur.

DECIDED JULY 14, 1989 — CERT. APPLIED FOR.


Summaries of

Jones v. Perkins

Court of Appeals of Georgia
Jul 14, 1989
384 S.E.2d 927 (Ga. Ct. App. 1989)
Case details for

Jones v. Perkins

Case Details

Full title:JONES et al. v. PERKINS

Court:Court of Appeals of Georgia

Date published: Jul 14, 1989

Citations

384 S.E.2d 927 (Ga. Ct. App. 1989)
384 S.E.2d 927

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