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If I had a motion for reconsideration filed on a 30 days old

 
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Customer Question

If I had a motion for reconsideration filed on a 30 days old Summary judgment, which was denied today, do I count my 30 days from this denial of reconsideration or from the date of signing of original Summary order and file my notice of appeal today?

 

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State/Country relating to question: Georgia

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Submitted: 324 days and 3 hours ago.
Category: Business Law
Value: $25
Status: CLOSED

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Expert:  Law Pro replied324 days and 2 hours ago.

The date of the original SJ order for appeal purposes. The rules of civil procedure do not give an allowance as to a motion for reconsideration.



It is well settled that a motion for reconsideration does not toll the time for filing a direct appeal.  Blackwell v. Sutton, 261 Ga. 284, 404 S.E.2d 114 (1991);  OCGA § 5-6-38(a);  see also MMT Enterprises v. Cullars, 218 Ga.App. 559, 560-561(2), 462 S.E.2d 771 (1995) (a motion to set aside, even when based upon lack of jurisdiction or a non-amendable defect, does not extend the time for filing an appeal).   Bell's notice of appeal was not filed within 30 days of the superior court's June 11, 1999 order;  consequently, it is untimely.   OCGA § 5-6-38(a).   We lack jurisdiction to consider this appeal because the “proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court.  [Cit.]” Hammond v. Unified Govt. of Athens-Clarke County, 240 Ga.App. 432, 525 S.E.2d 709 (1999).




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Customer replied324 days and 2 hours ago.

Thanks Mr. Law Pro. However, one thing I did not understand was that you advised me yesterday that Notice of Appeal is filed in Court of Appeals. I was told by that Court that it is filed in Lower Court and not in COA. Their booklet also states the same. Could you clarify, so I don't wind up waiting on it. Thanks.

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Expert:  Law Pro replied324 days and 2 hours ago.

I'm sorry, that is correct.

Here is a link to the full appellate procedure:

http://www.gaappeals.us/cguide/Citizens_Guide_2010.pdf

Expert TypeAttorney
Category: Business Law
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Answered: 6/29/2012

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