Opinion
73763.
DECIDED APRIL 28, 1987.
Appeal dismissal. Chatham Superior Court. Before Judge Harrison, Senior Judge.
George A. Zettler, for appellant.
Spencer Lawton, Jr., District Attorney, John E. Morse, Jr., Assistant District Attorney, for appellee.
The requirement of a timely filed notice of appeal is jurisdictional, even as to criminal cases, and, absent an extension, upon the failure to file such notice within 30 days after a judgment becomes final the appeal must be dismissed. OCGA §§ 5-6-38 (a) and 5-6-39. Melton v. State, 177 Ga. App. 134 ( 338 S.E.2d 701) (1985); Barthell v. State, 174 Ga. App. 459 ( 330 S.E.2d 180) (1985); Taylor v. State, 173 Ga. App. 745 ( 327 S.E.2d 860) (1985); Westerfield v. State, 169 Ga. App. 510 ( 313 S.E.2d 768) (1984); and the cases cited.
Appeal dismissed. Deen, P. J., Banke, P. J., Carley and Pope, JJ., concur. Birdsong, C. J., McMurray, P. J., Sognier and Benham, JJ., dissent.
DECIDED APRIL 9, 1987 — REHEARING DENIED APRIL 28, 1987 — CERT. APPLIED FOR.
I am unable to agree with the majority's holding that the appeal should be dismissed as it is my view that the case sub judice is controlled by the decision in Evitts v. Lucey, 469 U.S. 387 ( 105 SC 830, 83 L.Ed.2d 821), and should be decided on the merits.
I am authorized to state that Chief Judge Birdsong, Judge Sognier and Judge Benham join in this dissent.