Sadigheh Hashemi v. Humana Insurance Company

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ September 23, 2022

The Court of Appeals hereby passes the following order:

A23A0320. SADIGHEH HASHEMI v. HUMANA INSURANCE COMPANY.

Sadigheh Hashemi filed suit against Humana Insurance Company. On June 29, 2022, the trial court dismissed the complaint on res judicata grounds. Hashemi filed a motion for reconsideration, which the trial court denied on July 29, 2022. Hashemi then filed a notice of appeal on August 26, 2022. We, however, 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). Here, Hashemi filed a notice of appeal 58 days after the trial court entered the order dismissing her complaint. Although she filed a motion for reconsideration of the dismissal order, the filing of a motion for reconsideration does not extend the time for seeking appellate review, and the denial of such a motion is not itself a directly appealable ruling. 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).

Accordingly, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/23/2022

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.