Barnes v. Justis, 478 S.E.2d 402 (Ga. Ct. App. 1996). · Go Syfert
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Barnes v. Justis, 478 S.E.2d 402 (Ga. Ct. App. 1996). Cases Citing This Book View Copy Cite
72 citation events (66 in the last 25 years) across 1 distinct court.
Strongest positive: Mario R. Sullivan v. State, No. A22A0622 (Ga. Ct. App. May 23, 2022)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
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223 Ga. App. at 671 Calculating deadlines for filing appeals under state law14 citing casesdismissing a discretionary appeal for failure to file a timely notice of appeal as required by OCGA § 5-6-35 (g)1 citing court put it this way
Show 4 more citing cases
223 Ga. App. at 672 Timely filing of notice of appeal confers jurisdiction9 citing casesdismissing a discretionary appeal for failure to file a timely notice of appeal as required by OCGA § 5-6-35 (g)2 citing courts put it this way
  • Roger Day v. Terry E. Bernard, No. A20A1238 (Ga. Ct. App. Feb. 13, 2020).published
    See OCGA § 5-6-48 (b) (1); Barnes v. Justis, 223 Ga. App. 671, 672 ( 478 SE2d 402 ) (1996).
  • Schroder v. Murphy, 639 S.E.2d 485 (Ga. Ct. App. 2006).published
    “The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court. [Cit.]” (Punctuation omitted.) Barnes v. Justis, 223 Ga. App. 671, 672 ( 478 SE2d 402 ) (1996).
  • State v. Thompson, 584 S.E.2d 7 (Ga. Ct. App. 2003).published
    Barnes v. Justis, 223 Ga. App. 671, 672 ( 478 SE2d 402 ) (1996).
  • Hammond v. Unified Gov't, 525 S.E.2d 709 (Ga. Ct. App. 1999).published
    Barnes v. Justis, 223 Ga. App. 671, 672 ( 478 SE2d 402 ).
  • Hardrick v. Morgan, 522 S.E.2d 742 (Ga. Ct. App. 1999).published
    Barnes v. Justis, 223 Ga. App. 671, 672 ( 478 SE2d 402 ).
  • Carter v. Fayette Cnty., 491 S.E.2d 115 (Ga. Ct. App. 1997).published
    “The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court.’ Jordan v. Caldwell, 229 Ga. 343, 344 ( 191 SE2d 530 )”
  • Anthony Gagliani v. State, No. A22A1619 (Ga. Ct. App. July 20, 2022).published 2 cites
    (dismissing a discretionary appeal for failure to file a timely notice of appeal as required by OCGA § 5-6-35 (g))
  • John Timothy Copeland, Sr. v. Jennifer Copeland, No. A21A0921 (Ga. Ct. App. Feb. 16, 2021).published 2 cites
    (dismissing a discretionary appeal for failure to file a timely notice of appeal as required by OCGA § 5-6-35 (g))
  • Chansamone D. Rathmann v. Terry A. Rathmann, No. A19A1910 (Ga. Ct. App. May 14, 2019).published 2 cites
    See Barnes v. Justis, 223 Ga. App. 671, 672 ( 478 SE2d 402 ) (1996) 1 Court of Appeals Rule 4 (c), pertaining to filing by mail or commercial delivery, provides: This section applies to pro se parties and counsel exempt from the electronic…
dismissing a discretionary appeal for failure to file a timely notice of appeal as required by OCGA § 5-6-35 (g)no pin page on record · 2 citing cases listed
  • Patrick Koroma v. State, No. A17A1767 (Ga. Ct. App. Aug. 22, 2017).published 2 cites
    (dismissing a discretionary appeal for failure to file a timely notice of appeal as required by OCGA § 5-6-35 (g))
  • Kris Grice v. Katherine Reilly, No. A17A2042 (Ga. Ct. App. July 27, 2017).published 2 cites
    (dismissing a discretionary appeal for failure to file a timely notice of appeal as required by OCGA § 5-6-35 (g))
Other citing cases7 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Barnes
v.
Justis
A97A0294.
Court of Appeals of Georgia.
Nov 6, 1996.
Published opinion
478 S.E.2d 402
1996 Ga. App. LEXIS 1211
William G. Barnes, pro se., Rountree & Souther, George M. Rountree, for appellee.
McMurray, Beasley, Smith.
Cited by 36 opinions  |  Published
McMurray, Presiding Judge.

In an order dated June 19, 1996, this Court granted defendant William Guthrie Barnes’ application for discretionary appeal from an award of attorney fees in this domestic relations matter. Held:

“Within ten days after an order is issued granting the appeal, the applicant, to secure review of the issues, shall file a notice of appeal as provided by law. The procedure thereafter shall be the same as in other appeals.” OCGA § 5-6-35 (g). The tenth day, June 29, 1996, fell on a Saturday. Accordingly, defendant had until the next business day, Monday, July 1, 1996, to perfect his appeal. OCGA § 1-3-1 (d) (3). “ A paper is said to be filed when it is delivered to the proper officer, and by him received to be kept on file,’ and ‘a certificate of the clerk, entered upon the (paper) at the time it is filed, is the[*672] best evidence of filing. . . .’ Peterson v. Taylor, 15 Ga. 483, 484. And see Jordan v. Bosworth, 123 Ga. 879, 880 (51 SE 755). ‘It is essential to the filing of a paper in a clerk’s office that the same be either lodged in his hands or with his knowledge placed in his office and under his charge.’ Jolley v. Rutherford, 112 Ga. 342 (1) (37 SE 358).” Bailey v. Bonaparte, 125 Ga. App. 512, 514 (188 SE2d 119).

Decided November 6, 1996 Reconsideration denied November 25, 1996 William G. Barnes, pro se. Rountree & Souther, George M. Rountree, for appellee.

Although defendant’s notice of appeal is dated June 26, 1996, and contains his certificate of service for that same date, the notice of appeal was not filed with the Clerk of the Superior Court of Glynn County until Tuesday, July 2, 1996. This is one day late. “The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court.” Jordan v. Caldwell, 229 Ga. 343, 344 (191 SE2d 530). “ ‘The [appellant’s] burden is not satisfied by relying on the postal delivery but may be satisfied only by depositing the notice of appeal with the clerk within the appropriate time frame. [Cit.]’ [Cit.] [Defendant in the case sub judice] failed to satisfy the burden of timely filing the notice of appeal. Accordingly, we are without jurisdiction to consider this case. It must be dismissed.” White v. White, 188 Ga. App. 556, 557 (373 SE2d 824).

Appeal dismissed.

Beasley, C. J, and Smith, J., concur.