Opinion
A22A1588
06-27-2022
KIMBERLY JAMES v. WATERS EDGE CONSTRUCTION, LLC et al.
Plaintiff Kimberly James filed a complaint against defendant Waters Edge Construction, LLC. On March 4, 2022, the trial court granted summary judgment in favor of Waters Edge. James then filed a motion for reconsideration from the trial court's order granting summary judgment. On May 18, 2022, the trial court denied James's motion for reconsideration. James filed a notice of appeal from the trial court's order denying his motion on May 20, 2022. We, however, lack jurisdiction.
Pursuant to OCGA § 9-11-56 (h), the grant of summary judgment is reviewable by direct appeal. Whiddon v. Stargell, 192 Ga.App. 826, 828 (386 S.E.2d 884) (1989). As a rule, "[a] notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of . . . ." OCGA § 5-6-38 (a). James did not file a notice of appeal within 30 days after entry of the grant of summary judgment. Instead, she filed a motion for reconsideration. However, the motion did not extend the time to appeal from the underlying order, and the order resolving it is not subject to direct appeal. See Bell v. Cohran, 244 Ga.App. 510, 510 (536 S.E.2d 187) (2000) ("a motion for reconsideration does not toll the time for filing a direct appeal"); Ferguson v. Freeman, 282 Ga. 180, 181 (1) (646 S.E.2d 65) (2007) ("[T]he denial of a motion for reconsideration of a final judgment is not itself a judgment subject to direct appeal.").
Because James did not file a timely notice of appeal from the summary judgment order, we lack jurisdiction to consider this appeal, which is therefore DISMISSED.