Kadia Kamillia Phipps v. a Betterway Rent-A-Car System, Inc.

• Court: Court of Appeals of Georgia
• Decided: January 7, 2026
• Docket: A26A0872
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 07, 2026

The Court of Appeals hereby passes the following order:

A26A0872. KADIA KAMILLIA PHIPPS v. A BETTERWAY RENT-A-CAR SYSTEM, INC.

The trial court entered a final judgment against Kadia Phipps in favor of A Betterway Rent-A-Car System, Inc. (“Appellee”) on June 17, 2025. On September 9, 2025, Phipps filed a motion to set aside the judgment under OCGA § 9-11-60(d), alleging fraudulent and mistaken identity, and a motion to stay enforcement of the judgment. On November 17, 2025, the trial court denied the motions, and Phipps filed a notice of appeal on November 18, 2025. Appellee has filed a motion to dismiss the appeal, arguing that this Court lacks jurisdiction. We agree. A notice of appeal ordinarily must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-38(a). Phipps’s November 18 notice of appeal — filed 154 days after the trial court’s entry of the final judgment — is untimely as to that order. Here, rather than timely appealing the June 17, 2025 final judgment, Phipps moved to set aside the judgment under OCGA § 9-11-60(d). However, an appeal from the denial of an OCGA § 9-11-60(d) motion requires the filing of an application for discretionary appeal. See OCGA § 5-6-35(a)(8), (b); Jim Ellis Atlanta v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006). Even construing Phipps’s motion as a motion to reconsider, the denial of such a motion is not appealable in its own right, and such a motion does not extend the time to appeal the underlying order. See Bell v. Cohran, 244 Ga. App. 510, 510-511 (536 SE2d 187) (2000); Savage v. Newsome, 173 Ga. App. 271, 271 (326 SE2d 5) (1985). Compliance with the appropriate appellate procedure is jurisdictional. See Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Accordingly, we lack jurisdiction over this appeal. We hereby GRANT Appellee’s motion and DISMISS this appeal.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/07/2026 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.