John Ross v. City of Milton

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ October 26, 2012

The Court of Appeals hereby passes the following order:

A13A0333. JOHN ROSS v. CITY OF MILTON.

Following his conviction in municipal court of driving with a suspended registration, John Ross petitioned the superior court for a writ of certiorari. On April 30, 2012, the superior court entered an order dismissing the petition. Ross filed a motion for reconsideration, which the superior court denied. On September 20, 2012, Ross filed a notice of appeal to this Court. We lack jurisdiction for two reasons. First, under OCGA § 5-6-35 (a) (1), “[a]ppeals from the decisions of the superior courts reviewing decisions of . . . lower courts by certiorari or de novo proceedings” must be made by filing an application for discretionary appeal in this Court. See Consolidated Government of Columbus v. Barwick, 274 Ga. 176, 177 (1) (549 SE2d 73) (2001). This procedure must be followed even where the superior court dismisses the certiorari petition. See Brewer v. Bd. of Zoning Adjustment of Atlanta, 170 Ga. App. 351 (317 SE2d 327) (1984). Ross, however, failed to comply with the discretionary appeal procedure. Second, even if Ross had a right to a direct appeal, his notice of appeal was not timely filed. 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), but Ross filed his notice of appeal 143 days after entry of the order dismissing his petition for certiorari. Although Ross sought reconsideration of that dismissal, a trial court’s denial of a motion for reconsideration is not itself appealable, and the filing of a motion for reconsideration 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). Accordingly, this appeal is untimely. For these reasons, we lack jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 10/26/2012 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.