Opinion
A23D0386
08-08-2023
KENNETH LARUE v. METROPOLIS INVESTMENTS, LLC.
The Court of Appeals hereby passes the following order:
In this dispossessory proceeding, the magistrate court granted Metropolis Investments, LLC, a writ of possession, and Kenneth and Khalilah LaRue appealed to superior court. Metropolis Investments filed a motion for summary judgment, which the superior court granted in part and denied in part on April 27, 2023. The LaRues filed a motion for reconsideration on May 23, 2023, which the court denied on July 7, 2023. The LaRues seek discretionary review of the superior court's July 7 order. We lack jurisdiction.
An application for discretionary review generally may be filed within 30 days of entry of the order sought to be appealed. See OCGA § 5-6-35 (d). Under OCGA § 44-7-56, however, appeals in dispossessory actions must be filed within seven days of the date the judgment was entered. See Ray M. Wright, Inc. v. Jones, 239 Ga.App. 521, 522-523 (521 S.E.2d 456) (1999). Moreover, the denial of a motion for reconsideration of an appealable order or judgment is not itself appealable and the filing of a motion for reconsideration does not extend the time for filing a discretionary application for appeal. See Wright v. Wright, 367 Ga.App. 15, 17, n.2 (884 S.E.2d 610) (2023); Bell v. Cohran, 244 Ga.App. 510, 511 (536 S.E.2d 187) (2000).
The LaRues filed their discretionary application on July 14, 2023, 78 days after the April 27, 2023 order denying in part and granting in part Metropolis Investments's motion for summary judgment. Thus, the application is untimely as to that order. And the application is invalid as to the order denying their motion for reconsideration. Accordingly, we lack jurisdiction to consider this application, which is hereby DISMISSED.