Robert A. Wheeler v. Emory Healthcare, Inc.

Court of Appeals of the State of Georgia

ATLANTA,____________________ September 09, 2015

The Court of Appeals hereby passes the following order: A15A2350. ROBERT A. WHEELER v. EMORY HEALTHCARE, INC. et al.

On March 20, 2014, the trial court entered judgment in favor of the defendants in this civil action. Plaintiff Robert Wheeler filed a motion for an extension of time in which to serve a motion for a new trial. The trial court granted the motion, ruling that Wheeler could serve a motion for a new trial up to 60 days after the trial transcript was filed with the court. On December 11, 2014, Wheeler filed a motion for a new trial. The court denied that motion, and, on June 5, 2015, Wheeler filed a notice of appeal to this Court. We lack jurisdiction. Although the filing of a motion for a new trial generally extends the deadline for filing a notice of appeal, such a motion is not valid unless filed within 30 days of entry of judgment. See OCGA § 5-5-40 (a); Jarrard v. Copeland, 205 Ga. App. 20, 21 (421 SE2d 84) (1992); Wright v. Rhodes, 198 Ga. App. 269, 269 (401 SE2d 35) (1990). An untimely motion for a new trial does not toll the time for filing a notice of appeal. Jarrard, supra at 21. Thus, Wheeler’s motion for a new trial, filed more than eight months after entry of judgment, did not extend the time for filing a notice of appeal. And although the trial court purported to grant an extension of time for filing the motion for a new trial, “[n]o extension of time shall be granted for the filing of motions for new trial or for judgment notwithstanding the verdict.” OCGA § 5-6- 39 (b); Wal-Mart Stores, Inc. v. Curry, 206 Ga. App. 775, 776-777 (426 SE2d 581) (1992). Accordingly, Wheeler’s notice of appeal, filed more than one year after entry of judgment, is untimely. See OCGA § 5-6-38 (a). This appeal is therefore DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia 09/09/2015 Clerk’s Office, Atlanta,____________________ 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.