Court of Appeals
of the State of Georgia
ATLANTA,____________________
June 15, 2017
The Court of Appeals hereby passes the following order:
A17A1701. IN THE INTEREST OF J. C., A CHILD (FATHER).
Michael Lingerfelt filed a petition to legitimate, which the trial court dismissed
on October 27, 2016. The child’s permanent guardian subsequently moved for
attorneys’ fees pursuant to OCGA § 9-15-14 (b), and the trial court granted her
motion on March 24, 2017. On April 3, 2017, Lingerfelt filed a notice of appeal as
to both orders.
A notice of appeal must be filed within 30 days after the entry of the trial
court’s order. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal
is an absolute requirement to confer jurisdiction upon this Court. Couch v. United
Paperworkers Intl. Union, 224 Ga. App. 721 (482 SE2d 704) (1997). Here,
Lingerfelt’s notice of appeal was filed 158 days after entry of the order dismissing his
petition to legitimate. His notice of appeal is timely as to the order awarding OCGA
§ 9-15-14 fees, but such an order must be appealed by discretionary application
unless it is challenged in conjunction with a timely appeal from a judgment that is
directly appealable. See OCGA § 5-6-35 (a) (10); Cheeley-Towns v. Rapid Group,
212 Ga. App. 183 (2) (441 SE2d 452) (1994).
Under the circumstances, we lack jurisdiction to consider this appeal, which
is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
06/15/2017
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.
In the Interest of J. C., a Child (Father)
Combined Opinion