Carole Rocker v. Larry Phillips Construction, Inc.

Court of Appeals of Georgia

Carole Rocker v. Larry Phillips Construction, Inc.

DecidedMarch 6, 2023

DocketA23D0254

StatusPublished

This text of Carole Rocker v. Larry Phillips Construction, Inc. (Carole Rocker v. Larry Phillips Construction, Inc.) 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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Carole Rocker v. Larry Phillips Construction, Inc., (Ga. Ct. App. 2023).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 06, 2023

The Court of Appeals hereby passes the following order:

A23D0254. CAROLE ROCKER et al. v. LARRY PHILLIPS CONSTRUCTION, INC.

On December 28, 2022, the trial court entered an order denying a motion for OCGA § 9-15-14 attorney fees filed by defendants Carole Rocker, Michael Rocker, and Kate Rocker. The Rockers filed a motion for reconsideration from the trial court’s ruling, which the trial court denied on January 31, 2023. The Rockers then filed this application for discretionary appeal on February 24, 2023. We lack jurisdiction. To be timely, a discretionary application must be filed within 30 days of the entry of the order, decision or judgment to be appealed. See OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582, 583 (420 SE2d 393) (1992). This statutory deadline is jurisdictional. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). Here, the Rockers filed their discretionary application 58 days after the trial court entered its order denying their motion for OCGA § 9-15-14 attorney fees. Although the Rockers filed a motion for reconsideration from that ruling, the filing of a motion for reconsideration does not extend the time for seeking appellate review, and the denial of such a motion is not itself an appealable ruling. See Bell v. Cohran, 244 Ga. App. 510, 511 (536 SE2d 187) (2000); Savage v. Newsome, 173 Ga. App. 271, 271 (326 SE2d 5) (1985). Because the Rockers failed to file a timely application for discretionary appeal, we lack jurisdiction over this application, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/06/2023 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 06, 2023

The Court of Appeals hereby passes the following order:

A23D0254. CAROLE ROCKER et al. v. LARRY PHILLIPS CONSTRUCTION, INC.

On December 28, 2022, the trial court entered an order denying a motion for OCGA § 9-15-14 attorney fees filed by defendants Carole Rocker, Michael Rocker, and Kate Rocker. The Rockers filed a motion for reconsideration from the trial court’s ruling, which the trial court denied on January 31, 2023. The Rockers then filed this application for discretionary appeal on February 24, 2023. We lack jurisdiction. To be timely, a discretionary application must be filed within 30 days of the entry of the order, decision or judgment to be appealed. See OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582, 583 (420 SE2d 393) (1992). This statutory deadline is jurisdictional. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). Here, the Rockers filed their discretionary application 58 days after the trial court entered its order denying their motion for OCGA § 9-15-14 attorney fees. Although the Rockers filed a motion for reconsideration from that ruling, the filing of a motion for reconsideration does not extend the time for seeking appellate review, and the denial of such a motion is not itself an appealable ruling. See Bell v. Cohran, 244 Ga. App. 510, 511 (536 SE2d 187) (2000); Savage v. Newsome, 173 Ga. App. 271, 271 (326 SE2d 5) (1985). Because the Rockers failed to file a timely application for discretionary appeal, we lack jurisdiction over this application, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/06/2023 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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Carole Rocker v. Larry Phillips Construction, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/carole-rocker-v-larry-phillips-construction-inc-gactapp-2023.

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