Debra Anne Gary v. Bruce Chatman, Warden

Court of Appeals of Georgia

Debra Anne Gary v. Bruce Chatman, Warden

DecidedApril 4, 2016

DocketA16A1080

StatusPublished

This text of Debra Anne Gary v. Bruce Chatman, Warden (Debra Anne Gary v. Bruce Chatman, Warden) 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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Debra Anne Gary v. Bruce Chatman, Warden, (Ga. Ct. App. 2016).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 16, 2016

The Court of Appeals hereby passes the following order:

A16A1080. DEBRA ANNE GARY v. BRUCE CHATMAN, WARDEN.

Debra Anne Gary filed an action seeking damages and the reinstatement of her visitation privileges after she was arrested while trying to visit her incarcerated husband. She filed a Motion to Proceed Without Prepayment of Fees, which the trial court denied on August 18, 2015. Gary subsequently filed a motion for reconsideration. The trial court denied Gary’s motion for reconsideration on September 10, 2015. Gary filed her notice of appeal on October 14, 2015.1 However, we lack jurisdiction. A notice of appeal must be filed within 30 days after entry of an appealable order. 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. See Couch v. United Paperworkers Intl. Union, 224 Ga. App. 721, 721 (482 SE2d 704) (1997). The denial of a motion for reconsideration is not directly appealable. See Bell v. Cohran, 244 Ga. App. 510, 511 (536 SE2d 187) (2000). And the filing of such a motion does not extend the time for appealing the underlying judgment – here, the order denying her Motion to Proceed Without Prepayment of Fees. See id. Gary’s notice of appeal, therefore, is invalid as to the order denying her motion for reconsideration and untimely as to the order denying her Motion to Proceed Without Prepayment of Fees. Accordingly, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.

1 Gary originally filed her appeal in the Georgia Supreme Court, which transferred the case to this Court. Court of Appeals of the State of Georgia 03/16/2016 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.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ March 16, 2016

The Court of Appeals hereby passes the following order:

A16A1080. DEBRA ANNE GARY v. BRUCE CHATMAN, WARDEN.

Debra Anne Gary filed an action seeking damages and the reinstatement of her visitation privileges after she was arrested while trying to visit her incarcerated husband. She filed a Motion to Proceed Without Prepayment of Fees, which the trial court denied on August 18, 2015. Gary subsequently filed a motion for reconsideration. The trial court denied Gary’s motion for reconsideration on September 10, 2015. Gary filed her notice of appeal on October 14, 2015.1 However, we lack jurisdiction. A notice of appeal must be filed within 30 days after entry of an appealable order. 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. See Couch v. United Paperworkers Intl. Union, 224 Ga. App. 721, 721 (482 SE2d 704) (1997). The denial of a motion for reconsideration is not directly appealable. See Bell v. Cohran, 244 Ga. App. 510, 511 (536 SE2d 187) (2000). And the filing of such a motion does not extend the time for appealing the underlying judgment – here, the order denying her Motion to Proceed Without Prepayment of Fees. See id. Gary’s notice of appeal, therefore, is invalid as to the order denying her motion for reconsideration and untimely as to the order denying her Motion to Proceed Without Prepayment of Fees. Accordingly, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.

1 Gary originally filed her appeal in the Georgia Supreme Court, which transferred the case to this Court. Court of Appeals of the State of Georgia 03/16/2016 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.

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Debra Anne Gary v. Bruce Chatman, Warden, Counsel Stack Legal Research, https://law.counselstack.com/opinion/debra-anne-gary-v-bruce-chatman-warden-gactapp-2016.

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