Opinion
A24A1220
05-03-2024
PEACHTREE INVESTMENT SOLUTIONS, LLC et al v. THOMAS
The Court of Appeals hereby passes the following order:
Thomas Teague Hunter sued several defendants, including Peachtree Investment Solutions, LLC. On November 15, 2023, the trial court granted Hunter's motion for partial summary judgment, finding Peachtree Investment liable as a matter of law for breach of contract for failure to repay a promissory note. Peachtree Investment filed a notice of appeal from this ruling, and the appeal has been docketed as Case Number A24A1221.
Peachtree Investment also filed a "Motion for Re-Hearing" from the summary judgment ruling, arguing that the trial court improperly conducted oral argument and failed to fully consider Peachtree Investment's response to the motion for summary judgment. On November 23, 2023, the trial court denied the motion for rehearing, finding that its prior summary judgment ruling "is correct and remains the order of this Court." Peachtree Investment filed a notice of appeal from this order, which has been docketed as the instant appeal.
In substance, Peachtree Investment's motion for rehearing was a motion for reconsideration. See Kuriatnyk v. Kuriatnyk, 286 Ga. 589, 590 (690 S.E.2d 397) (2010) (in pleadings, substance controls over nomenclature). And the denial of a motion for reconsideration may not be appealed directly. See Ferguson v. Freeman, 282 Ga. 180, 181 (1) (646 S.E.2d 65) (2007). Furthermore, the appeal in the instant matter, A24A1220, is entirely duplicative of the appeal in A24A1221. For these reasons, we hereby DISMISS this appeal. Peachtree Investment has filed additional motions in this appeal, including a motion to consolidate this appeal with A24A1221 and a motion to supplement the record. Those motions are DISMISSED as MOOT.