Opinion
A24D0102
10-27-2023
WASHINGTON DAVIS v. CITY OF NEW YORK.
The Court of Appeals hereby passes the following order:
Washington Davis filed a civil action against the City of New York, which the trial court dismissed on May 4, 2023. On September 7, 2023, Davis filed a "petition for a writ of certiorari" in the Supreme Court, which was docketed as an application for discretionary appeal. The Supreme Court transferred the case to this Court. See Case No. S24D0111 (Sept. 20, 2023). We, however, lack jurisdiction.
Davis moved for reconsideration of the trial court's order, and the trial court denied his motion on May 15, 2023. An order resolving a motion for reconsideration is not itself a directly appealable judgment. See Ferguson v. Freeman, 282 Ga. 180, 181 (1) (646 S.E.2d 65) (2007); Bell v. Cohran, 244 Ga.App. 510, 510 (536 S.E.2d 187) (2000).
The order granting the defendant's motions to dismiss is a final judgment, as nothing remains pending in the court below. See OCGA § 5-6-34 (a). Accordingly, the order is subject to direct appeal. See, e.g., Green Tree Servicing v. Jones, 333 Ga.App. 184, 184 (1) (775 S.E.2d 714) (2015). Ordinarily, when a party has a right of direct appeal and files an application for discretionary appeal, we will grant the application. See OCGA § 5-6-35 (j). However, the application for a discretionary appeal must be filed within 30 days of the order being appealed. See OCGA § 5-6-35 (d). Here, Davis filed his application over four months after entry of the order he seeks to appeal. Given that the application is untimely, we are without jurisdiction to consider it. See Crosson v. Conway, 291 Ga. 220, 220 (1) (728 S.E.2d 617) (2012); see also Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989) ("The requirements of OCGA § 5-6-35 are jurisdictional and this [C]ourt cannot accept an appeal not made in compliance therewith."). Accordingly, this application is hereby DISMISSED.