Morton v. Morton

Court of Appeals of Georgia

Morton v. Morton

296 S.E.2d 362, 163 Ga. App. 830, 1982 Ga. App. LEXIS 2666

CourtCourt of Appeals of Georgia

DecidedOctober 13, 1982

Docket64134

StatusPublished

Cited by3 cases

This text of 296 S.E.2d 362 (Morton v. Morton) 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.

Bluebook

Morton v. Morton, 296 S.E.2d 362, 163 Ga. App. 830, 1982 Ga. App. LEXIS 2666 (Ga. Ct. App. 1982).

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Opinion

Carley, Judge.

The adverse judgment of which appellant complains in this appeal was entered on December 10, 1981. On December 31, 1981, appellant filed his “motion for reconsideration” which was denied on January 19, 1982. Appellant’s notice of appeal was not filed until February 17, 1982.

“In order for this court to acquire jurisdiction over a case, the notice of appeal must be filed within 30 days of the entry of the judgment appealed from, unless an extension is granted upon proper application to the trial court. See Code Ann. §§ 6-803,6-804; Williams v. State, 112 Ga. App. 566 (145 SE2d 765) (1965). Accord, Kennedy v. Brown, 239 Ga. 286 (1) (236 SE2d 632) (1977). A ‘motion for reconsideration’ of an order granting summary judgment and dismissing a counterclaim does not extend the deadline for filing a notice of appeal from that order. Fowler v. Lewis, 150 Ga. App. 174 (257 SE2d 21) (1979); Moore v. Reeves, 153 Ga. App. 517 (266 SE2d 810) (1980). This appeal must accordingly be dismissed for want of jurisdiction.” Peppers House Restaurant, Inc. v. Siefferman, 156 Ga. App. 114 (274 SE2d 43) (1980).

Appeal dismissed.

Quillian, C. J., and Shulman, P. J., concur.

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Carley, Judge.

The adverse judgment of which appellant complains in this appeal was entered on December 10, 1981. On December 31, 1981, appellant filed his “motion for reconsideration” which was denied on January 19, 1982. Appellant’s notice of appeal was not filed until February 17, 1982.

“In order for this court to acquire jurisdiction over a case, the notice of appeal must be filed within 30 days of the entry of the judgment appealed from, unless an extension is granted upon proper application to the trial court. See Code Ann. §§ 6-803,6-804; Williams v. State, 112 Ga. App. 566 (145 SE2d 765) (1965). Accord, Kennedy v. Brown, 239 Ga. 286 (1) (236 SE2d 632) (1977). A ‘motion for reconsideration’ of an order granting summary judgment and dismissing a counterclaim does not extend the deadline for filing a notice of appeal from that order. Fowler v. Lewis, 150 Ga. App. 174 (257 SE2d 21) (1979); Moore v. Reeves, 153 Ga. App. 517 (266 SE2d 810) (1980). This appeal must accordingly be dismissed for want of jurisdiction.” Peppers House Restaurant, Inc. v. Siefferman, 156 Ga. App. 114 (274 SE2d 43) (1980).

Appeal dismissed.

Quillian, C. J., and Shulman, P. J., concur.

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296 S.E.2d 362, 163 Ga. App. 830, 1982 Ga. App. LEXIS 2666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morton-v-morton-gactapp-1982.

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