Cedric B. Pickard v. State ( 2017 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    September 07, 2017
    The Court of Appeals hereby passes the following order:
    A17A1966. CEDRIC B. PICKARD v. THE STATE.
    A jury found Cedric B. Pickard guilty of kidnapping and two counts of
    aggravated child molestation, and his convictions were affirmed on appeal.1 See
    Pickard v. State, 
    257 Ga. App. 642
     (572 SE2d 660) (2002). Following the denial of
    what appears to be Pickard’s fourth extraordinary motion for new trial, Pickard filed
    a motion to set aside the denial order, arguing he was not given timely notice of the
    trial court’s ruling and thus was unable to appeal. The trial court denied the motion,
    and Pickard filed a notice of appeal from this ruling. We lack jurisdiction.
    When a trial court fails to provide an order to an aggrieved party in a timely
    manner, that party may file a motion to set aside the order so that it may be reentered,
    thus restarting the time for filing an appeal. See Cambron v. Canal Ins. Co., 
    246 Ga. 147
    , 148 (1) (269 SE2d 426) (1980). Such a motion is authorized by OCGA § 9-11-
    60 (g). See id; Crawford v. Kroger Co., 
    183 Ga. App. 836
     (360 SE2d 274) (1987).
    Ordinarily, a party may appeal directly the denial of a motion to set aside under
    Cambron. However, the underlying subject matter of an appeal controls over the
    relief sought in determining the proper appellate procedure. See Rebich v. Miles, 
    264 Ga. 467
    -468 (448 SE2d 192) (1994). Because the underlying issue involved the
    denial of an extraordinary motion for new trial, Pickard was required to follow the
    discretionary appeal procedures to obtain appellate review. See OCGA § 5-6-35 (a)
    (7); Rebich, 
    supra.
     He failed to do so.
    1
    Since that time, Pickard has filed multiple actions in this Court. See Case
    Numbers A07A2097; A08D0261; A11A0091; A11D0246; A14D0371; and
    A16A1424.
    For these reasons, we lack jurisdiction over this appeal, which is hereby
    DISMISSED.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    09/07/2017
    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.
    2
    

Document Info

Docket Number: A17A1966

Filed Date: 9/15/2017

Precedential Status: Precedential

Modified Date: 9/15/2017