Christopher M. Hunt, Sr. v. Nationstar Mortgage, LLC

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ February 12, 2019

The Court of Appeals hereby passes the following order:

A19A1304. CHRISTOPHER M. HUNT, SR. v. NATIONSTAR MORTGAGE, LLC et al.

The superior court dismissed Christopher M. Hunt Sr.’s notice of appeal for want of prosecution on October 22, 2018.1 Hunt then file several motions for reconsideration, which the superior court denied in a single order dated December 10, 2018. Hunt filed this direct appeal on December 13, 2018. We, however, lack jurisdiction. Pretermitting whether Hunt possesses a right of direct appeal here, his notice of appeal is untimely. A notice of appeal must be filed within 30 days after the entry of the trial court’s order. OCGA § 5-6-38 (a). “The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon an appellate court.” Perlman v. Perlman, 318 Ga. App. 731, 739 (4) (734 SE2d 560) (2012) (punctuation omitted). The filing of a motion for reconsideration does not extend the time for filing a notice of appeal, and the denial of a motion for reconsideration is not itself a directly appealable order. 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). Here, Hunt’s notice of appeal, filed 52 days after entry of the order he wishes to appeal, was untimely.

1 The record does not contain a copy of the order that led Hunt to file a notice of appeal in the trial court on August 15, 2018. Based on the foregoing, Hunt’s appeal is DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 02/12/2019 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.