Opinion
52114.
ARGUED APRIL 13, 1976.
DECIDED APRIL 22, 1976.
Action for damages. Baldwin Superior Court. Before Judge Duke.
Gilmore, Waddell Phillips, Thomas J. Phillips, Jr., for appellant.
Erwin, Epting, Gibson McLeod, E. Davison Burch, for appellees.
The notice of appeal in this case was filed December 5, 1975, and is from an order granting summary judgment to the appellees "dated November 3, 1975, as modified on November 7, 1975." "Georgia law requires that notice of appeal must be filed within thirty days of the trial court's order, absent some extension, to enable this court to consider the case on the merits." Blanton v. Jones, 230 Ga. 866 ( 199 S.E.2d 801). This is equally true for the Court of Appeals. Code Ann. § 6-809 (b) (2). "... [I]t is manifest that the General Assembly intended that a notice of appeal must be filed within 30 days after entry of the appealable judgment complained of, except where there is filed (1) a motion for new trial, (2) a motion in arrest of judgment, or (3) a motion for judgment notwithstanding the verdict." Wilson v. McQueen, 224 Ga. 420, 421 ( 162 S.E.2d 313). The granting of summary judgment was an appealable order under Code Ann. § 81A-156 (h) and a "modification" of that order does not automatically extend the filing date for a notice of appeal. Code Ann. § 6-803; Taylor v. City of Columbus, 228 Ga. 493 ( 186 S.E.2d 539). While Code Ann. § 6-804 provides for the extension of time to file the notice of appeal, no such order by the trial judge appears in the record. Stanford v. Evans, Reed Williams, 221 Ga. 331 ( 145 S.E.2d 504). The notice of appeal from an order dated November 3, 1975, having been filed on December 5, 1975, the notice is not within the thirty-day limit and this appeal is dismissed. Thomas v. Allstate Ins. Co., 133 Ga. App. 193, 194 ( 210 S.E.2d 361).
Appeal dismissed. Quillian and Webb, JJ., concur.