Opinion
A24A1502
05-29-2024
EDWARD SMART v. LINDA JAN ARNOLD et al.
In this civil action, Edward Smart, proceeding pro se, filed a complaint against multiple defendants. Thereafter, on March 29, 2023, the trial court entered an order dismissing Smart's complaint. Smart filed a motion for reconsideration, which the trial court denied on May 23, 2023. On May 27, 2023, Smart filed a notice of 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, Smart filed his notice of appeal 59 days after the trial court's order dismissing the action, and his subsequent request for reconsideration of that ruling did not extend the time for filing an appeal.
Accordingly, this appeal is hereby DISMISSED as untimely.