Brittany Trice-Holiday v. Bill Jeune

Court of Appeals of Georgia

Brittany Trice-Holiday v. Bill Jeune

DecidedMarch 7, 2025

DocketA25A1108

StatusPublished

This text of Brittany Trice-Holiday v. Bill Jeune (Brittany Trice-Holiday v. Bill Jeune) 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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Brittany Trice-Holiday v. Bill Jeune, (Ga. Ct. App. 2025).

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Court of Appeals of the State of Georgia

ATLANTA,____________________ March 07, 2025

The Court of Appeals hereby passes the following order:

A25A1108. BRITTANY TRICE-HOLIDAY v. BILL JEUNE.

Brittany Trice-Holiday filed a petition for custody, which the trial court dismissed on October 4, 2024. Because a custody case was pending in Pennsylvania, the court dismissed the Georgia action and awarded attorney fees to Bill Jeune. Trice- Holiday filed a motion for reconsideration from the ruling, which the trial court denied on December 5. On December 23, Trice-Holiday filed a notice of appeal. We 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). 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 December 5 order is not appealable. Bell, 244 Ga. App. at 510-511; Savage, 173 Ga. App. at 271. And because Trice-Holiday’s notice of appeal was filed 80 days after the trial court’s October 4 order, it is untimely as to that order. See OCGA § 5-6-38 (a). Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/07/2025 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,____________________ March 07, 2025

The Court of Appeals hereby passes the following order:

A25A1108. BRITTANY TRICE-HOLIDAY v. BILL JEUNE.

Brittany Trice-Holiday filed a petition for custody, which the trial court dismissed on October 4, 2024. Because a custody case was pending in Pennsylvania, the court dismissed the Georgia action and awarded attorney fees to Bill Jeune. Trice- Holiday filed a motion for reconsideration from the ruling, which the trial court denied on December 5. On December 23, Trice-Holiday filed a notice of appeal. We 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). 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 December 5 order is not appealable. Bell, 244 Ga. App. at 510-511; Savage, 173 Ga. App. at 271. And because Trice-Holiday’s notice of appeal was filed 80 days after the trial court’s October 4 order, it is untimely as to that order. See OCGA § 5-6-38 (a). Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/07/2025 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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