Opinion
A21A1594
07-20-2021
MAURICE EARKET v. U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST.
The Court of Appeals hereby passes the following order:
This case began as a dispossessory action in magistrate court. It subsequently was transferred to superior court. Following the transfer, U.S. Bank Trust, N. A. ("the Bank") filed a motion for summary judgment. On January 14, 2020, the superior court granted the Bank's motion and issued a writ of possession in its favor. Thereafter, appellant Maurice Earket moved to set aside the summary judgment order. His motion was denied on September 17, 2020. Earket then sought reconsideration of the order denying the motion to set aside. On March 26, 2021, the superior court denied reconsideration of its decision. On April 22, 2021, Earket filed this direct appeal. We, however, lack jurisdiction for multiple reasons.
First, the denial of a motion for reconsideration of a final judgment is not an appealable ruling. See Cornelius v. Morris Brown College, 299 Ga.App. 83, 85 (1) n.1 (681 S.E.2d 730) (2009). Consequently, an appeal from the March 26 order is not available.
Second, the superior court's order denying the motion to set aside is not directly appealable. An appeal from an order denying relief under OCGA § 9-11-60 (d) must be initiated by filing a timely application for discretionary review. See OCGA § 5-6-35 (a) (8), (b); OCGA § 44-7-56; Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga.App. 116, 116 (640 S.E.2d 688) (2006). "Compliance with the discretionary appeals procedure is jurisdictional." Smoak v. Dept. of Human Resources, 221 Ga.App. 257, 257 (471 S.E.2d 60) (1996). Earket's failure to follow the proper procedure deprives us of jurisdiction over this direct appeal.
Lastly, the only directly appealable order is the January 14 summary judgment order. Under OCGA § 44-7-56, appeals in dispossessory actions must be filed within seven days of the date the judgment was entered. And it is well settled that a motion for reconsideration does not extend the time for filing a notice of appeal. See Bell v. Cohran, 244 Ga.App. 510, 510 (536 S.E.2d 187) (2000); Cheeley-Towns v. Rapid Group, 212 Ga.App. 183, 183 (1) (441 S.E.2d 452) (1994). "The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court." Radio Sandy Springs, Inc. v. Allen Rd Joint Venture, 311 Ga.App. 334, 336 (715 S.E.2d 752) (2011). Because Earket's notice of appeal was filed 464 days after the summary judgment order was entered, it was untimely. This Court therefore lacks jurisdiction to consider the appeal. See id. Accordingly, this appeal is hereby DISMISSED.