Sabrina Callahan v. Deutsche Bank National Trust Company

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ May 18, 2016

The Court of Appeals hereby passes the following order:

A16A1569. SABRINA CALLAHAN v. DEUTSCHE BANK NATIONAL TRUST COMPANY.

Deutsche Bank National Trust Company brought this civil action against

Sabrina Callahan. On December 23, 2014, the trial court granted summary judgment

to Deutsche Bank. Callahan filed a motion to vacate judgment, which the trial court

denied. On February 17, 2016, Callahan filed a notice of appeal to this Court. We,

however, lack jurisdiction.

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). “The proper and timely filing of a notice of

appeal is an absolute requirement to confer jurisdiction upon an appellate court.”

(Citation and punctuation omitted.) Perlman v. Perlman, 318 Ga. App. 731, 739 (4)

(734 SE2d 560) (2012). Instead of filing a timely notice of appeal from the trial

court’s December 2014 summary judgment order, Callahan filed a motion to vacate

judgment, which was in substance a motion for reconsideration. But the denial of a

motion for reconsideration is not directly appealable, and the filing of such a motion

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). Because Callahan failed to file a notice of appeal within 30 days of the entry

of the appealable judgment entered against her, this untimely appeal is hereby

DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia 05/18/2016 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.