Stanford v. Evans, Reed & Williams ( 1965 )

Quillian, Justice.

In the instant case the appellant filed his notice of appeal on August 14, 1965, 31 days after the trial judge’s order overruling his motion for new trial, which order was rendered on July 14, 1965. The Appellate Practice Act of 1965 (Ga. L. 1965, pp. 18, 21; Code Ann. § 6-803) provides: “A notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of ... , but when a motion for new trial, or a motion in arrest of judgment, or a motion for judgment notwithstanding the verdict has been filed, the notice shall be filed within 30 days after the order granting, overruling, or otherwise'finally disposing of the motion.” While there is a proviso that the trial judge may extend the time for filing the notice of appeal (Ga. L. 1965, pp. 18, 21; Code Ann. § 6-804), the entire record was sent to this court and no order extending the time is contained therein. The failure to file a notice of appeal within the time required is a ground for dismissal under Ga. L. 1965, pp. 18, 29, as amended, Ga. L. 1965, pp. 240, 241 (Code Ann. § 6-809).

Appeal dismissed.

All the Justices concur, except Mobley, J., not participating for providential cause. Limerick L. Odom, for appellant. W. Colbert Hawkins, for appellee.