Georgia Court of Appeals, 2017

Monty McAllister v. State

Monty McAllister v. State
Georgia Court of Appeals · Decided December 4, 2017

Monty McAllister v. State

Opinion

Court of Appeals of the State of Georgia ATLANTA,____________________ December 04, 2017 The Court of Appeals hereby passes the following order: A18A0716. MONTY MCALLISTER v. THE STATE.

This Court granted Monty McAllister’s application for discretionary appeal from a trial court’s order denying his motion for return of property and motion in conversion. See McAllister v. State, Case No. A17D0349 (decided March 30, 2017).

The order directed that the appellant file a notice of appeal within 10 days of the date of the order. See OCGA § 5-6-35 (j). McAllister filed his notice of appeal on April 11, 2017, twelve days after the entry of the order.

The timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. White v. White, 188 Ga. App. 556, 556 (373 SE2d 824) (1988). Because McAllister failed to file a notice of appeal within 10 days of our order granting the discretionary application, the notice of appeal is untimely.

Accordingly, this appeal is DISMISSED for lack of jurisdiction. See OCGA § 5-6-48 (b) (1); Barnes v. Justis, 223 Ga. App. 671, 671- 672 (478 SE2d 402) (1996).

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/04/2017 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

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