Emmett Drew Jordan v. State

Court of Appeals
of the State of Georgia

ATLANTA,____________________
May 14, 2026

The Court of Appeals hereby passes the following order:

A26A1856. EMMETT DREW JORDAN v. THE STATE.

A jury found Emmett Drew Jordan guilty of driving under the influence, making
an improper U-turn, and violating the rules of the road, and the trial court entered
sentence on January 9, 2026. Jordan filed a notice of appeal on February 13, 2026.1
We, however, lack jurisdiction.
A notice of appeal must be filed within 30 days of the entry of an appealable
judgment. 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. Ebeling v. State, 355 Ga.
App. 469, 469 (844 SE2d 518) (2020). Because Jordan’s notice of appeal was filed 35
days after entry of the trial court’s order, we lack jurisdiction over this appeal, which
is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
05/14/2026
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.

1
Although the notice of appeal shows a filing date of February 4, 2026, we rely
on the clerk’s endorsement (that is, the file-stamp date) as the filing date in the
absence of evidence to the contrary. 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).