Troy Rimes v. State
Docket A26A1846
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Georgia
- Court
- Court of Appeals of Georgia
- Type
- Opinion
- Case type
- Criminal Appeal
- Disposition
- Dismissed
- Docket
- A26A1846
Appeal from denial of a motion for new trial following a jury conviction
Summary
The Court of Appeals dismissed Troy Rimes's appeal for lack of jurisdiction. Rimes was convicted after a jury trial and the trial court denied his motion for a new trial on August 17, 2023. After Rimes moved for an out-of-time appeal, the trial court vacated and re-entered its denial order on January 26, 2026. Rimes filed a notice of appeal on March 31, 2026, but because Georgia law requires a notice of appeal within 30 days of the order's entry and his notice was filed 64 days after re-entry, the Court of Appeals dismissed the appeal as untimely.
Issues Decided
- Whether the Court of Appeals has jurisdiction when a notice of appeal is filed more than 30 days after entry of the trial court order being appealed
- Whether re-entry of the trial court's order affected the deadline for filing a notice of appeal
Court's Reasoning
Georgia law requires a notice of appeal to be filed within 30 days of entry of the judgment or order being appealed (OCGA § 5-6-38(a)). The court treated the January 26, 2026 re-entry as the operative entry for the denial of the new-trial motion, and Rimes filed his notice 64 days later. Because timely filing of a notice of appeal is mandatory to confer jurisdiction, the court concluded it lacked jurisdiction and dismissed the appeal.
Authorities Cited
- OCGA § 5-6-38(a)
- Ebeling v. State355 Ga. App. 469 (844 SE2d 518) (2020)
Parties
- Appellant
- Troy Rimes
- Appellee
- The State
- Judge
- Court of Appeals of the State of Georgia (Clerk)
Key Dates
- Trial court denial of motion for new trial
- 2023-08-17
- Trial court vacated and re-entered denial order
- 2026-01-26
- Notice of appeal filed
- 2026-03-31
- Court of Appeals decision/dismissal
- 2026-04-28
What You Should Do Next
- 1
Consult criminal defense counsel
Talk with an attorney immediately to evaluate whether any exceptional procedural relief is available, such as a petition for review or equitable relief based on the circumstances of notice.
- 2
Consider filing a motion in the trial court
Discuss with counsel whether to seek relief from the trial court (for example, relief from judgment or other post-conviction remedies) if appropriate under Georgia procedure.
- 3
Preserve the record and deadlines
Ensure all case files, service records, and dates are preserved to support any further filings or requests for relief about timeliness or notice.
Frequently Asked Questions
- What did the court decide?
- The Court of Appeals dismissed Rimes's appeal because his notice of appeal was filed too late under Georgia law.
- Who is affected by this decision?
- Troy Rimes is directly affected because his appeal cannot proceed; the State is the opposing party.
- What does 'filed too late' mean here?
- Georgia requires a notice of appeal within 30 days of the order being appealed; Rimes filed 64 days after the re-entered order, so the appeal was untimely.
- Can this dismissal be appealed further?
- Dismissal for lack of jurisdiction generally ends the appeal; further review would be limited and may require seeking extraordinary relief, such as a petition for review to the Georgia Supreme Court, but success is unlikely absent exceptional circumstances.
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 28, 2026
The Court of Appeals hereby passes the following order:
A26A1846. TROY RIMES v. THE STATE.
Following a jury trial, Troy Rimes was convicted of terroristic threats and
related offenses. Rimes filed a motion for new trial, which the trial court denied on
August 17, 2023. Rimes subsequently filed a motion for out-of-time appeal on the basis
that he had not been notified of the order denying his motion for new trial. On
January 26, 2026, the trial court issued an order vacating and re-entering its order
denying the motion for new trial. On March 31, 2026, Rimes filed a notice of appeal.
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). Rimes’s notice of
appeal was filed 64 days after re-entry of the trial court’s order denying his motion for
new trial and is thus untimely. Consequently, we lack jurisdiction over this appeal,
which is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/28/2026
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.