Georgia Court of Appeals, 2024

Salim Hajiani v. the Coca-Cola Company

Salim Hajiani v. the Coca-Cola Company
Georgia Court of Appeals · Decided July 26, 2024

Salim Hajiani v. the Coca-Cola Company

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.