Georgia Court of Appeals, 2013

Tracey Brown v. Quiton Hoskins

Tracey Brown v. Quiton Hoskins
Georgia Court of Appeals · Decided August 22, 2013

Tracey Brown v. Quiton Hoskins

Opinion

Court of Appeals of the State of Georgia ATLANTA,__________________ August 22, 2013 The Court of Appeals hereby passes the following order: A13A2307. TRACEY BROWN v. QUITON HOSKINS, et al.

Tracey Brown sued Quiton Hoskins in magistrate court. Following an adverse ruling, Brown appealed to superior court. The superior court dismissed the appeal for want of prosecution, and Brown filed a renewal action. By order entered December 6, 2012, the trial court dismissed the renewal action. Brown filed a motion for reconsideration, which the trial court denied on January 7, 2013. Brown then filed a notice of appeal from this ruling.

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). Assuming that Brown had a right to appeal the trial court’s December 6, 2012 order dismissing her renewal action,1 she does not have the right to appeal the trial court’s denial of her motion for reconsideration. 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). Brown’s failure to file a notice of appeal within 30 days of the trial court’s December 6, 2012 order renders her appeal untimely. Accordingly, this appeal is hereby DISMISSED.

Given that the underlying case reached the superior court through the de novo appeal of a magistrate court ruling, we question whether Brown should have filed an application for discretionary appeal. See Bullock v. Sand, 260 Ga. App. 874, 875-876 (581 SE2d 333) (2003).

Court of Appeals of the State of Georgia 08/22/2013 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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