Opinion
A23A1427
05-17-2023
PAUL M. POPE et al. v. CREST RIDGE HOA, INC.
The Court of Appeals hereby passes the following order:
On December 28, 2022, the trial court entered a final order granting the appellee's motion for summary judgment. On January 30, 2023, the appellants filed a notice of appeal.
We lack jurisdiction because this appeal is untimely. A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-38 (a). "The proper and timely filing of the notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court." Smith v. McTaggart, 343 Ga.App. 144, 145 (806 S.E.2d 229) (2017) (punctuation omitted). Here, the 30th day after December 28, 2022, was Friday, January 27, 2023. But the appellants did not file this appeal until Monday, January 30, 2023, 33 days after entry of the trial court's order. While OCGA § 1-3-1 (d) (3) provides that if the last day to discharge a duty falls on Saturday or Sunday, the party having such duty shall have through the following Monday to discharge it, it has no application here because the 30th day was a Friday. Accordingly, this appeal is untimely and is hereby DISMISSED for lack of jurisdiction.