Opinion
A24A0538
11-16-2023
JAKERRIA WILBURN et al v. KANYA WHITE.
The Court of Appeals hereby passes the following order:
Following an automobile accident, Plaintiffs Jakerria Wilburn and Tarius Roberts filed a complaint against Kanya White. After the parties failed to file a consolidated pre-trial order as directed by the trial court, the trial court dismissed the action on July 31, 2023. Plaintiffs then filed a motion for reconsideration, which the trial court denied on September 12, 2023. On October 12, 2023, Plaintiffs filed a notice of appeal. We, however, lack jurisdiction.
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, Plaintiffs filed their notice of appeal 73 days after the trial court's order dismissing the case, and their subsequent request for reconsideration of that ruling did not extend the time for filing an appeal. Accordingly, this appeal is untimely and is hereby DISMISSED.