KIMBERLY JAMES v. WATERS EDGE CONSTRUCTION, LLC

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ June 27, 2022

The Court of Appeals hereby passes the following order:

A22A1588. KIMBERLY JAMES v. WATERS EDGE CONSTRUCTION, LLC et al.

Plaintiff Kimberly James filed a complaint against defendant Waters Edge Construction, LLC. On March 4, 2022, the trial court granted summary judgment in favor of Waters Edge. James then filed a motion for reconsideration from the trial court’s order granting summary judgment. On May 18, 2022, the trial court denied James’s motion for reconsideration. James filed a notice of appeal from the trial court’s order denying his motion on May 20, 2022. We, however, lack jurisdiction.

Pursuant to OCGA § 9-11-56 (h), the grant of summary judgment is reviewable by direct appeal. Whiddon v. Stargell, 192 Ga. App. 826, 828 (386 SE2d 884) (1989). As a rule, “[a] notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of . . . .” OCGA § 5-6-38 (a). James did not file a notice of appeal within 30 days after entry of the grant of summary judgment. Instead, she filed a motion for reconsideration. However, the motion did not extend the time to appeal from the underlying order, and the order resolving it is not subject to direct appeal. See Bell v. Cohran, 244 Ga. App. 510, 510 (536 SE2d 187) (2000) (“a motion for reconsideration does not toll the time for filing a direct appeal”); Ferguson v. Freeman, 282 Ga. 180, 181 (1) (646 SE2d 65) (2007) (“[T]he denial of a motion for reconsideration of a final judgment is not itself a judgment subject to direct appeal.”).

Because James did not file a timely notice of appeal from the summary judgment order, we lack jurisdiction to consider this appeal, which is therefore DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 06/27/2022

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.