In the Interest of Baby Girl N., a Child

Court of Appeals of the State of Georgia

ATLANTA,____________________ September 04, 2024

The Court of Appeals hereby passes the following order:

A25A0264. IN THE INTEREST OF BABY GIRL N., A CHILD.

Conzie Williams-Waller, the biological maternal grandmother of Baby Girl N, and her husband, Michael Waller, moved to hold the adoptive parents of the child in contempt for failing to enter a post-adoption visitation agreement. On January 30, 2024, the trial court denied the motion. The Wallers filed a notice of appeal on March 7, 2024. We lack jurisdiction. A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Redford v. State, 357 Ga. App. 247, 250 (850 SE2d 447) (2020). The Wallers’ notice of appeal was filed 37 days after entry of the trial court’s order and is thus untimely.1

1 We note that the notice of appeal was purportedly signed and submitted on February 27, 2024 before the time in which to file a notice of appeal had lapsed. We, however, rely on the clerk’s endorsement as the filing date. See Lavan v. Philips, 184 Ga. App. 573, 574 (362 SE2d 138) (1987); Brinson v. Georgia R. Bank &Trust Co., 45 Ga. App. 459, 461 (165 SE 321) (1932) (the best evidence of filing is the trial court clerk’s entry). But that presumption is rebuttable. See Dannenfelser v. Squires, 365 Ga. App. 819, 822 (1) (879 SE2d 506) (2022); Brinson, 45 Ga. App. at 461. To the extent the Wallers seek to rebut the March 7 filing date, any such challenge must be made before the trial court. See Lavan , 184 Ga. App. at 574 (appellants are entitled to an opportunity to challenge the filing date); McDaniel v. Columbus Fertilizer Co., 109 Ga. 284, 285 (34 SE 598) (1899) (the filing date of the notice of appeal must be established as a matter of record).

Accordingly, we lack jurisdiction over this direct appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/04/2024 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.