J. D. Rock Enterprises, LLC v. Eddie Lee Long
J. D. Rock Enterprises, LLC v. Eddie Lee Long
Opinion
Court of Appeals of the State of Georgia ATLANTA,_________________ June 04, 2012 The Court of Appeals hereby passes the following order: A12A1936. J. D. ROCK ENTERPRISES, LLC, et al. v. EDDIE LEE LONG, et al.
J. D. Rock Enterprises, LLC and Daniel W. Wright sued Reverend Eddie Lee Long, Marrion Heflin, and Frederick N. Folson to recover on a promissory note. The parties settled the case, and the trial court signed an order memorializing the agreement.1 The defendants allegedly breached the settlement agreement, and the plaintiffs filed a “Motion for Order Declaring Defendant in Default Under Settlement Agreement and Reinstating Litigation.” The trial court denied the motion on November 28, 2011, and the plaintiffs filed a motion for reconsideration. The trial court denied the motion for reconsideration on February 23, 2012, and the plaintiffs filed this direct appeal.
We 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). However, a trial court’s denial of a motion for reconsideration is not itself appealable, and the filing of a motion for reconsideration 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). Here, the plaintiffs’ failure to file a notice of appeal within 30 days of the trial court’s November 28, 2011 order renders the appeal untimely. Accordingly, this appeal is hereby DISMISSED.
The order was apparently not entered by the clerk.
Court of Appeals of the State of Georgia 06/04/2012 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.
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