Background
The trial court entered a final order dismissing Ronald Frank Petty, Jr.’s complaint against the City of Atlanta on May 15, 2026.
After the trial court denied Petty’s motion for reconsideration, Petty filed his notice of appeal on July 10, 2026. The City moved to dismiss the appeal as untimely.
The Court’s Holding
The Court of Appeals of Georgia dismissed the appeal. A notice of appeal must be filed within 30 days after entry of the order being appealed, and a timely notice is required to give the appellate court jurisdiction.
Petty filed his notice 56 days after the May 15 final dismissal order. The court further held that the denial of reconsideration was not independently appealable and did not extend the deadline to appeal the final order.
Key Takeaways
- A notice of appeal from a final order must be filed within 30 days of entry.
- A motion for reconsideration does not toll or extend the appellate deadline.
- An appeal from the denial of reconsideration is improper because that denial is not independently appealable.
Why It Matters
The order underscores that Georgia’s notice-of-appeal deadline is jurisdictional. Parties cannot preserve an appeal by first seeking reconsideration and then appealing after the original 30-day deadline has passed.