Christopher Chin-Young v. Better Business Bureau of Metropolitan Atlanta, Inc.

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ September 14, 2012

The Court of Appeals hereby passes the following order:

A13A0086. CHRISTOPHER CHIN-YOUNG v. BETTER BUSINESS BUREAU OF METROPOLITAN ATLANTA, INC.

By order entered December 2, 2011, the trial court granted summary judgment in favor of defendant Better Business Bureau of Metropolitan Atlanta, Inc. in this contract action. Plaintiff Christopher Chin-Young filed a motion for reconsideration, which the trial court denied. On March 20, 2012, Chin-Young filed a notice of appeal to this Court. We, however, lack jurisdiction. A notice of appeal must be filed within 30 days of the entry of the order sought to be appealed. OCGA § 5-6-38 (a). Although Chin-Young had a right to appeal the trial court’s order granting summary judgment, he does not have the right to appeal the trial court’s denial of his motion for reconsideration. The denial of a motion for reconsideration is not directly appealable, and the filing of such a motion does not extend the time for filing an appeal. See Bell v. Cohran, 244 Ga. App. 510, 511 (536 SE2d 187) (2000); Savage v. Newsome, 173 Ga. App. 271 (326 SE2d 5) (1985). Chin-Young’s failure to file a notice of appeal within 30 days of the trial court’s summary judgment order renders the appeal untimely. Accordingly, this appeal is hereby DISMISSED. Court of Appeals of the State of Georgia 09/14/2012 Clerk’s Office, Atlanta,__________________ 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.