MOHAMMAD JAFAR ISMAIL v. RPT REALTY, LP

• Court: Court of Appeals of Georgia
• Decided: January 8, 2026
• Docket: A26A0926
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 08, 2026

The Court of Appeals hereby passes the following order:

A26A0926. MOHAMMAD JAFAR ISMAIL, et al v. RPT REALTY, LP.

RPT Realty, LP sued Tribos Peri Peri d//b/a TPP Pleasant Hill, LLC, Mohammad Jafar Ismail, and Lubna A. Ismail (collectively “Defendants”), seeking to recover sums due under a lease agreement and accompanying guaranty. On July 16, 2025, the trial court entered an order granting RPT Realty’s motion for summary judgment. Defendants filed a motion for reconsideration, which the trial court denied on September 3, 2025. Defendants filed their notice of appeal on September 30, 2025. We lack jurisdiction. A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-38(a). The proper and timely filing of a notice of appeal is an absolute requirement to confer appellate jurisdiction on this Court. Perlman v. Perlman, 318 Ga. App. 731, 739 (4) (734 SE2d 560) (2012). While an order granting summary judgment is generally subject to a direct appeal, a motion for reconsideration does not extend the time for filing an appellate challenge to an appealable order. See Bell v. Cohran, 244 Ga. App. 510, 510–11 (536 SE2d 187) (2000); Savage v. Newsome, 173 Ga. App. 271, 271 (326 SE2d 5) (1985). Moreover, the denial of a motion for reconsideration is not appealable in its own right. Bell, 244 Ga. App. at 510–11; Savage, 173 Ga. App. at 271. Consequently, the trial court’s order denying Defendants’ motion for reconsideration is not appealable, and Defendants’ September 30 notice of appeal — filed 76 days after the court’s July 16 summary judgment order — is untimely as to that appealable order. See OCGA § 5-6-38(a); Bell, 244 Ga. App. at 510–11; Savage, 173 Ga. App. at 271. In light of the foregoing, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/08/2026 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.