Duane Allen Jenkins v. ABM Industries, Inc. - Case Dismissed

GA Court of Appeals Opinions

Filed March 3rd, 2026

Detected March 4th, 2026

Summary

The Court of Appeals of Georgia dismissed the appeal of Duane Allen Jenkins v. ABM Industries, Inc. The dismissal was due to the appellant filing the notice of appeal 33 days after the trial court's order, exceeding the statutory 30-day limit. This lack of timely filing means the court lacks jurisdiction.

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What changed

The Court of Appeals of Georgia has dismissed the appeal in Duane Allen Jenkins v. ABM Industries, Inc. (Docket Number: A26A1323). The dismissal stems from the appellant's failure to file the notice of appeal within the statutorily mandated 30-day period following the trial court's order of dismissal on September 10, 2025. The notice of appeal was filed on October 13, 2025, which is 33 days after the order, rendering it untimely and depriving the appellate court of jurisdiction.

This case serves as a reminder of the strict adherence required for appellate filing deadlines. Legal professionals representing parties in appeals must ensure that notices of appeal are filed within the precise timeframe stipulated by OCGA § 5-6-38(a). Failure to do so, as demonstrated in this instance, will result in the dismissal of the appeal, regardless of the merits of the underlying case, and the appellate court will not have jurisdiction to consider the matter.

What to do next

Ensure all notices of appeal are filed within the 30-day statutory period as per OCGA § 5-6-38(a).

Source document (simplified)

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March 3, 2026 Get Citation Alerts Download PDF Add Note

DUANE ALLEN JENKINS v. ABM INDUSTRIES, INC.

Court of Appeals of Georgia

Citations: None known
Docket Number: A26A1323
Disposition: Dismissed
Opinion
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Disposition

Dismissed

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
March 03, 2026

The Court of Appeals hereby passes the following order:

A26A1323. DUANE ALLEN JENKINS v. ABM INDUSTRIES, INC. et al.

On September 10, 2025, the trial court entered an order dismissing Duane Allen
Jenkins’s complaint. Thirty-three days later, on October 13, 2025, Jenkins filed a
notice of appeal. However, 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. Yanes v. Escobar, 362 Ga. App. 896, 898 (870 SE2d 506)
(2022). Because Jenkins did not file his notice of appeal within the statutory time
frame, we are without jurisdiction to consider this appeal, which is hereby
DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/03/2026
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.