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Keola Pasteure v. State Farm Fire and Casualty Company

Docket A26A1761

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilDismissed
Filed
Jurisdiction
Georgia
Court
Court of Appeals of Georgia
Type
Opinion
Case type
Civil
Disposition
Dismissed
Docket
A26A1761

Appeal from a trial-court order granting summary judgment to State Farm in an automobile-collision case.

Summary

The Court of Appeals dismissed Keola Pasteure’s appeal of a trial-court summary judgment in favor of State Farm Fire and Casualty Company because the notice of appeal was filed more than eight months after the July 2025 order. Under Georgia law, a notice of appeal must be filed within 30 days of entry of the order. Because Pasteure did not file within that statutory period, the Court concluded it lacked jurisdiction and dismissed the appeal without reaching the merits.

Issues Decided

  • Whether the Court of Appeals has jurisdiction where the notice of appeal was filed more than 30 days after entry of the trial court's order.
  • Whether failure to file a timely notice of appeal under OCGA § 5-6-38(a) requires dismissal of the appeal.

Court's Reasoning

Georgia law requires a notice of appeal be filed within 30 days of the trial court's order (OCGA § 5-6-38[a]), and timely filing is an absolute prerequisite to confer appellate jurisdiction. Because Pasteure filed her notice of appeal more than eight months after the July 2025 summary-judgment order, the Court lacked jurisdiction and therefore dismissed the appeal. The court relied on precedent affirming that timely filing is mandatory and jurisdictional.

Authorities Cited

  • OCGA § 5-6-38(a)
  • Perlman v. Perlman318 Ga. App. 731, 739(4) (734 SE2d 560) (2012)

Parties

Appellant
Keola Pasteure
Appellee
State Farm Fire and Casualty Company
Court
Court of Appeals of the State of Georgia

Key Dates

Trial court summary judgment entered
2025-07-01
Notice of appeal filed in Court of Appeals
2026-03-01
Court of Appeals order dismissing appeal
2026-04-29

What You Should Do Next

  1. 1

    Consult appellate counsel

    Speak with an appellate attorney promptly to evaluate whether grounds exist to reopen the appeal, seek discretionary review, or pursue other relief such as a motion to reinstate based on excusable neglect.

  2. 2

    Review trial-court record for post-judgment relief

    Consider whether any motions in the trial court (for example, to set aside judgment or for new trial) remain available and whether they could provide a basis to appeal anew if timely filed.

  3. 3

    Confirm exact filing dates and deadlines

    Verify the precise entry date of the summary-judgment order and any mailing or service dates to determine whether any narrow procedural remedies are possible.

Frequently Asked Questions

What did the court decide?
The Court of Appeals dismissed the appeal because the notice of appeal was not filed within the 30-day deadline required by Georgia law.
Who is affected by this decision?
Appellant Keola Pasteure is affected because her appeal of the summary judgment in favor of State Farm was dismissed; State Farm's summary judgment stands unless further relief is obtained.
What does dismissal mean for the underlying case?
Dismissal of the appeal leaves the trial court's summary-judgment order in place and ends this appellate challenge unless the dismissal is successfully reopened or another remedy is obtained.
Can this decision be appealed further?
Because the Court of Appeals dismissed for lack of jurisdiction, options are limited; a party might seek discretionary review by the Georgia Supreme Court or attempt to show excusable neglect to reopen the appeal, but relief is not guaranteed.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text
Court of Appeals
of the State of Georgia

                                         ATLANTA,____________________
                                                  April 29, 2026

The Court of Appeals hereby passes the following order:

A26A1761. KEOLA PASTEURE v. STATE FARM FIRE AND CASUALTY
    COMPANY.

      In this action arising from an automobile collision, the trial court granted
summary judgment to State Farm Fire and Casualty Company in July 2025. More
than eight months later, in March 2026, plaintiff Keola Pasteure filed a notice of
appeal to this Court. However, a notice of appeal must be filed within 30 days of entry
of the trial court order sought to be appealed. OCGA § 5-6-38(a). The proper and
timely filing of a notice of appeal is an absolute requirement to confer appellate
jurisdiction on this Court. Perlman v. Perlman, 318 Ga. App. 731, 739(4) (734 SE2d
560) (2012). Because Pasteure failed to meet this 30-day deadline, this appeal is hereby
DISMISSED for lack of jurisdiction.

                                         Court of Appeals of the State of Georgia
                                           Clerk’s Office, Atlanta,____________________
                                                                       04/29/2026
                                                    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.