SANDRA CAPOUCH v. HEALTH UNLIMITED, INC.
Docket A26A1641
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Georgia
- Court
- Court of Appeals of Georgia
- Type
- Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Docket
- A26A1641
Appeal from a trial court order granting defendants' motion to open default and motion to dismiss the complaint
Summary
The Court of Appeals dismissed Sandra Capouch’s appeal from a trial court order that granted defendants’ motion to open default and motion to dismiss. The court concluded it lacked jurisdiction because Capouch filed her notice of appeal 34 days after the trial court’s October 29, 2025 order, but Georgia law requires a notice of appeal within 30 days. The court relied on the filing deadline statute and precedent holding timely filing is an absolute jurisdictional requirement, and it accepted the clerk’s endorsement as the operative filing date.
Issues Decided
- Whether the Court of Appeals has jurisdiction when a notice of appeal is filed more than 30 days after the trial court's order.
- Whether the clerk's endorsement is the proper evidence of the filing date for a notice of appeal.
Court's Reasoning
Georgia law (OCGA § 5-6-38(a)) requires a notice of appeal to be filed within 30 days of the judgment or order to vest appellate jurisdiction. The court found Capouch’s notice was filed 34 days after the order, making it untimely. The court therefore lacked jurisdiction and dismissed the appeal, relying on precedent that timely filing is an absolute requirement and that the clerk’s endorsement controls the filing date absent a trial-court record correction.
Authorities Cited
- OCGA § 5-6-38(a)
- Ebeling v. State355 Ga. App. 469 (844 SE2d 518) (2020)
- Lavan v. Philips184 Ga. App. 573 (362 SE2d 138) (1987)
- McDaniel v. Columbus Fertilizer Co.109 Ga. 284 (34 SE 598) (1899)
Parties
- Plaintiff
- Sandra Capouch
- Defendant
- Richard Kraus
- Defendant
- Health Unlimited, Inc.
- Judge
- Court of Appeals of the State of Georgia
Key Dates
- trial court order entry date
- 2025-10-29
- notice of appeal filed
- 2025-12-02
- Court of Appeals decision
- 2026-04-29
What You Should Do Next
- 1
Consult trial-court counsel about filing-date challenge
If the appellant believes the clerk's endorsement is incorrect, she should ask the trial court to correct the record and establish the true filing date, presenting any supporting evidence.
- 2
Consider post-judgment relief in trial court
Explore motions available in the trial court (for example, to vacate the order or to seek leave to file late) if there are grounds to reopen the merits.
- 3
Preserve records of filing and communications
Gather and preserve all proof of mailing, delivery receipts, or electronic filing confirmations to support any challenge to the filing date.
Frequently Asked Questions
- What did the court decide?
- The Court of Appeals dismissed the appeal because the notice of appeal was filed after the 30-day deadline, so the appellate court had no jurisdiction to hear the case.
- Who is affected by this decision?
- Plaintiff-appellant Sandra Capouch is affected because her appeal was dismissed; the defendants’ trial-court victory stands for now.
- What happens next?
- Because the appeal was dismissed for lack of jurisdiction, the trial court’s October 29, 2025 order remains in effect unless the trial court itself provides relief or the appellant obtains other post-judgment relief.
- Can this dismissal be appealed?
- Dismissals for lack of jurisdiction are final in the appellate court; the appropriate avenue is to seek relief in the trial court (for example, to establish an earlier filing date) rather than to refile in the Court of Appeals.
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:
A26A1641. SANDRA CAPOUCH v. HEALTH UNLIMITED, INC. et al.
Plaintiff Sandra Capouch filed this action, alleging that defendants Richard
Kraus and Health Unlimited, Inc. breached an oral contract by firing her from her
employment. On October 29, 2025, the trial court granted defendants’ motion to open
default and motion to dismiss the complaint. On December 2, 2025, Capouch filed a
notice of appeal.1 We lack jurisdiction.
A notice of appeal must be filed within 30 days of entry of the judgment or 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 jurisdiction on this Court.
Ebeling v. State, 355 Ga. App. 469, 469 (844 SE2d 518) (2020). Because Capouch’s
notice of appeal was filed 34 days after entry of the trial court’s order, it is untimely.
1
This Court relies on the clerk’s endorsement as the filing date. 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). Any challenge regarding that filing date must be made in the
trial court. See Lavan, 184 Ga. App. at 574 (discussing challenge to filing date);
McDaniel v. Columbus Fertilizer Co., 109 Ga. 284, 285 (34 SE 598) (1899) (the filing
date must be established as a matter of record).
Accordingly, 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.