Opinion
A24A1358
05-14-2024
The Court of Appeals hereby passes the following order
In this civil action, plaintiff Marcela Ramos filed suit against defendants JPMorgan Chase Bank, N.A. and Barrett Daffin Frappier Turner &Engel, LLP. On July 19, 2023, the trial court granted the defendants' motions to dismiss and directed the entry of final judgment under OCGA § 9-11-54 (b). Ramos filed a motion for reconsideration, which the trial court denied on September 7, 2023. On October 4, 2023, Ramos filed the instant appeal. We, however, lack jurisdiction because the appeal is untimely.
A notice of appeal must be filed within 30 days of entry of an appealable order. OCGA § 5-6-38 (a). The denial of a motion for reconsideration is not appealable in its own right, see Bell v. Cohran, 244 Ga.App. 510, 511 (536 S.E.2d 187) (2000), and the filing of such a motion does not extend the time for filing a notice of appeal. See 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 an appellate court. See Couch v. United Paperworkers Intl. Union, 224 Ga.App. 721, 721 (482 S.E.2d 704) (1997). Here, Ramos filed her notice of appeal 77 days after the trial court's order dismissing the action, and her subsequent request for reconsideration of that ruling did not extend the time for filing an appeal.
Accordingly, this appeal is hereby DISMISSED as untimely.