Anne Marie Thompson v. Gas Express, LLC

Court of Appeals of Georgia

Anne Marie Thompson v. Gas Express, LLC

DecidedJanuary 16, 2025

DocketA25A0900

StatusPublished

This text of Anne Marie Thompson v. Gas Express, LLC (Anne Marie Thompson v. Gas Express, LLC) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Anne Marie Thompson v. Gas Express, LLC, (Ga. Ct. App. 2025).

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Court of Appeals of the State of Georgia

ATLANTA,____________________ January 16, 2025

The Court of Appeals hereby passes the following order:

A25A0900. ANNE MARIE THOMPSON v. GAS EXPRESS, LLC.

In this premises liability action, the trial court issued a final order on November 2, 2023, granting summary judgment to defendants Gas Express, LLC and 193 Hwy 211, LLC. Plaintiff Anne Marie Thompson filed a motion for reconsideration, which the trial court denied on January 18, 2024. On February 15, 2024, Thompson filed this direct appeal. We, however, lack jurisdiction. A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Perlman v. Perlman, 318 Ga. App. 731, 739 (4) (734 SE2d 560) (2012). While the grant of summary judgment is subject to direct appeal, see OCGA § 9-11-56 (h), a motion for reconsideration does not extend the time for filing an appellate challenge to an appealable order, and the denial of a motion for reconsideration is not appealable in its own right. See Bell v. Cohran, 244 Ga. App. 510, 510-511 (536 SE2d 187) (2000); Savage v. Newsome, 173 Ga. App. 271, 271 (326 SE2d 5) (1985). Consequently, the trial court’s January 18 order is not appealable, and Thompson’s appeal — filed 105 days after the court’s November 2, 2023 order — is untimely as to that order. See OCGA § 5-6-38 (a); Bell, 244 Ga. App. at 510-511. For these reasons, Thompson’s appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/16/2025 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ January 16, 2025

The Court of Appeals hereby passes the following order:

A25A0900. ANNE MARIE THOMPSON v. GAS EXPRESS, LLC.

In this premises liability action, the trial court issued a final order on November 2, 2023, granting summary judgment to defendants Gas Express, LLC and 193 Hwy 211, LLC. Plaintiff Anne Marie Thompson filed a motion for reconsideration, which the trial court denied on January 18, 2024. On February 15, 2024, Thompson filed this direct appeal. We, however, lack jurisdiction. A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Perlman v. Perlman, 318 Ga. App. 731, 739 (4) (734 SE2d 560) (2012). While the grant of summary judgment is subject to direct appeal, see OCGA § 9-11-56 (h), a motion for reconsideration does not extend the time for filing an appellate challenge to an appealable order, and the denial of a motion for reconsideration is not appealable in its own right. See Bell v. Cohran, 244 Ga. App. 510, 510-511 (536 SE2d 187) (2000); Savage v. Newsome, 173 Ga. App. 271, 271 (326 SE2d 5) (1985). Consequently, the trial court’s January 18 order is not appealable, and Thompson’s appeal — filed 105 days after the court’s November 2, 2023 order — is untimely as to that order. See OCGA § 5-6-38 (a); Bell, 244 Ga. App. at 510-511. For these reasons, Thompson’s appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/16/2025 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

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Anne Marie Thompson v. Gas Express, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anne-marie-thompson-v-gas-express-llc-gactapp-2025.

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