Opinion
A23D0254
03-06-2023
CAROLE ROCKER et al. v. LARRY PHILLIPS CONSTRUCTION, INC.
On December 28, 2022, the trial court entered an order denying a motion for OCGA § 9-15-14 attorney fees filed by defendants Carole Rocker, Michael Rocker, and Kate Rocker. The Rockers filed a motion for reconsideration from the trial court's ruling, which the trial court denied on January 31, 2023. The Rockers then filed this application for discretionary appeal on February 24, 2023. We lack jurisdiction.
To be timely, a discretionary application must be filed within 30 days of the entry of the order, decision or judgment to be appealed. See OCGA § 5-6-35 (d); Hill v. State, 204 Ga.App. 582, 583 (420 S.E.2d 393) (1992). This statutory deadline is jurisdictional. See Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989). Here, the Rockers filed their discretionary application 58 days after the trial court entered its order denying their motion for OCGA § 9-15-14 attorney fees. Although the Rockers filed a motion for reconsideration from that ruling, the filing of a motion for reconsideration does not extend the time for seeking appellate review, and the denial of such a motion is not itself an appealable ruling. See Bell v. Cohran, 244 Ga.App. 510, 511 (536 S.E.2d 187) (2000); Savage v. Newsome, 173 Ga.App. 271, 271 (326 S.E.2d 5) (1985).
Because the Rockers failed to file a timely application for discretionary appeal, we lack jurisdiction over this application, which is hereby DISMISSED.