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?
State/Country relating to question: Georgia
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).If you would like any additional information or have more questions please don’t hesitate to ask!Please remember to only rate my answer when you are satisfied with my response. IF you feel the need to click either of the two starts on the left, please STOP and reply to me via the "CONTINUE CONVERSATION" button. Let me know the issue you have and I will be happy to continue further and do everything I can to provide you with the service you seek.If you give any rating below 3 stars then I will not be compensated in any way for helping you today.The "helped a little" is considered a negative.Thank you,Law Pro
20 years experience in business law - sole proprietor, partnership, and corporations
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.
I'm sorry, that is correct.Here is a link to the full appellate procedure:http://www.gaappeals.us/cguide/Citizens_Guide_2010.pdf
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