GMC Group Inc. v. Harsco Corp.

The defendant untimely filed its appeal seven months after the trial court entered the complained-of default judgment against it.

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In this breach of contract action, GMC Group, Inc. appeals a default judgment entered in favor of Harsco Corporation, contending that because unliquidated damages were sought, the court erred in determining the amount of damages without first conducting an evidentiary hearing. However, GMC filed its notice of appeal seven months after the complained-of judgment was entered; accordingly, we dismiss the appeal as untimely. “It is well established that the proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court.” Punctuation omitted; emphasis in original. Kappelmeier v. HSBC USA, Inc. 1 OCGA § 5-6-38 a of the Appellate Practice Act mandates that “a notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of. . . .” The Appellate Practice Act provides its own internal definition as to what constitutes the entry of a judgment: “The filing with the clerk of a judgment, signed by the judge, constitutes the entry of a judgment within the meaning of this article.” OCGA § 5-6-31. See Rocha v. State 2 “OCGA § 5-6-31 . . . plainly provides that the filing with the clerk of a judgment, signed by the judge, constitutes the entry of a judgment within the meaning of the Appellate Practice Act” punctuation omitted. See also Zepp v. Brannen 3 “for purposes of the Appellate Practice Act, a judgment must be written, signed, and filed with the clerk OCGA § 5-6-31″.

Here, the default judgment was signed by the judge and was filed with the clerk on October 16, 2007. GMC did not file its notice of appeal until May 30, 2008, more than seven months later. Although GMC moved in the meantime to have the court set aside the default judgment, GMC did not wait for the court’s ruling on its motion, instead choosing to appeal the default judgment directly. This appeal, however, is untimely.

GMC Group Inc. v. Harsco Corp.

The defendant untimely filed its appeal seven months after the trial court entered the complained-of default judgment against it.

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