Salim Hajiani v. the Coca-Cola Company

• Court: Court of Appeals of Georgia
• Decided: July 26, 2024
• Docket: A24A1673
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ July 26, 2024

The Court of Appeals hereby passes the following order:

A24A1673. SALIM HAJIANI v. THE COCA-COLA COMPANY.

In this negligence action, the trial court issued an order on March 28, 2024,

granting summary judgment to defendant The Coca-Cola Company and denying

summary judgment to pro se plaintiff Salim Hajiani. Hajiani filed a motion for

reconsideration, which the trial court denied on May 9, 2024. On June 7, 2024,

Hajiani filed this direct appeal. 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 jurisdiction on this Court.

Perlman v. Perlman, 318 Ga. App. 731, 739 (4) (734 SE2d 560) (2012). While the grant

of summary judgment is subject to direct appeal, see OCGA § 9-11-56 (h), a motion

for reconsideration does not extend the time for filing an appellate challenge to an

appealable order, and the denial of a motion for reconsideration is not appealable in

its own right. 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). Consequently, the trial

court’s May 9 order is not appealable, and Hajiani’s appeal — filed 71 days after the

court’s March 28 order — is untimely as to that order. See OCGA § 5-6-38 (a); Bell, 244 Ga. App. at 510-511; Savage, 173 Ga. App. at 271. For these reasons, Hajiani’s

appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 07/26/2024 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.