Opinion
A23A1104
03-27-2023
REBECCA EDWARDS SMITH et al. v. ADEWUNMI O. SOBOWALE.
The Court of Appeals hereby passes the following order:
On May 26, 2022, the trial court entered final judgment on a jury verdict in favor of plaintiff Rebecca Edwards Smith et al. against defendant Adewunmi O. Sobowale. Smith thereafter filed a motion for attorney fees pursuant to OCGA § 911-68, which the trial court denied on August 19, 2022. Smith then filed a motion for reconsideration of the attorney fee ruling. The court denied the motion for reconsideration on January 20, 2023, and Smith filed this appeal on February 9, 2023. We, however, lack jurisdiction.
Sobowale filed an appeal from the final judgment entered on the verdict. See Case No. A23A0592.
OCGA § 5-6-38 (a) requires that a notice of appeal must be filed within 30 days of the date of the entry of the order or judgment sought to be appealed. Filing a timely and proper notice of appeal is an absolute requirement to confer jurisdiction upon this Court. Couch v. United Paperworkers Intl.Union, 224 Ga.App. 721 (482 S.E.2d 704) (1997). "[T]he denial of a motion for reconsideration of an appealable order or judgment is not itself appealable and does not extend the time for filing a notice of appeal." Savage v. Newsome, 173 Ga.App. 271, 271 (326 S.E.2d 5) (1985); see Bell v. Cohran, 244 Ga.App. 510, 510 (536 S.E.2d 187) (2000). Smith filed this appeal 167 days after the trial court entered its final, appealable order on attorney fees. Thus, this appeal is untimely as to the appealable judgment and invalid as to the order denying reconsideration. See OCGA § 5-6-38 (a). We therefore lack jurisdiction over this untimely appeal, which is hereby DISMISSED.
Smith has filed a notice of death stating that Sobowale died on or about February 10, 2023, and a motion to stay the appeal until an estate is formed and an appropriate representative of the estate is appointed. Because we lack jurisdiction over this case, we do not rule on Smith's motion to stay this appeal.