Smith v. McTaggart
343 Ga. App. 144
| Ga. Ct. App. | 2017Background
- Final order in child custody case entered Feb. 24, 2016.
- Smith’s notice of appeal was filed March 28, 2016, outside the 30-day OCGA deadline.
- OCGA 5-6-38(a) requires timely filing of a notice of appeal for appellate jurisdiction.
- March 25, 2016 was the last day before holiday observances; Newton County offices were closed for Good Friday.
- OCGA 1-3-1(d)(3) provides a day-count rule; OCGA 1-4-1 governs holiday extensions, which this Court found did not apply here.
- Court dismissed appeal for lack of jurisdiction; alternate accommodations were not availed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the appeal timely filed despite holiday closure? | Smith argues extension applies. | McTaggart argues deadline not extended. | No; not timely; jurisdiction lacking. |
| Could holiday accommodations save the filing? | Smith could have used accommodations if available. | Accommodations not applicable here. | Not applicable; extension not granted. |
Key Cases Cited
- In re Estate of Dasher, 259 Ga. App. 201 (2002) (Good Friday not a public/legal holiday; no extension absent express provision)
- Parsons v. Capital Alliance Financial, LLC, 325 Ga. App. 884 (2014) (timely filing following holiday observance varies by context)
- Potter-Miller v. Reed, 302 Ga. App. 199 (2010) (timeliness when filing on first business day after state holiday)
- State v. Jones, 125 Ga. App. 361 (1972) (recognizes alternate filing accommodations on holidays)