Opinion
A91A0764.
DECIDED APRIL 8, 1991.
Motion to dismiss. Bibb Superior Court. Before Judge Culpepper.
Mays Washington, W. Roy Mays III, for appellant.
Martin, Snow, Grant Napier, John C. Edwards, for appellees.
Defendant Thomas Union's motion to dismiss this professional malpractice case was granted in an order entered on November 15, 1990. On December 12, 1990, plaintiff Joe Lewis Pinkney filed his motion for extension of time to file notice of appeal, pursuant to OCGA § 9-11-6 (b), and his motion for reconsideration of the order dismissing his complaint. Also, on December 12, 1990, the superior court granted an extension of time for the filing of plaintiff's notice of appeal until December 21, 1990. However, plaintiff's notice of appeal was not filed until December 26, 1990. Plaintiff having failed to satisfy his burden to file his notice of appeal within the 30-day period provided under OCGA § 5-6-38 (a) or within an extension of that period duly authorized under OCGA § 5-6-39, plaintiff's appeal must be dismissed. Associated Distributors v. Willard, 242 Ga. 247 ( 248 S.E.2d 645). We further note that plaintiff's motion for reconsideration is not one of those motions which will extend the time for filing a notice of appeal. Morton v. Morton, 163 Ga. App. 830 ( 296 S.E.2d 362).
Appeal dismissed. Sognier, C. J., and Andrews, J., concur.