Background
Justine Harmon sued the Atlanta Humane Society, alleging that it adopted out her dog without first scanning the animal for a microchip. The trial court dismissed her complaint on February 25, 2026.
Harmon moved for reconsideration, but the trial court denied that motion on April 6, 2026. She filed her notice of appeal on April 30, 2026—64 days after entry of the dismissal order.
The Court’s Holding
The Court of Appeals of Georgia dismissed the appeal for lack of jurisdiction. A notice of appeal must be filed within 30 days of the order being appealed, and a timely notice is required to confer appellate jurisdiction.
Although Harmon appealed within 30 days of the order denying reconsideration, that denial was not independently appealable and did not extend the deadline to appeal the February 25 dismissal. The court therefore did not reach the merits of Harmon’s claims or AHS’s asserted statutory-liability defense.
Key Takeaways
- A notice of appeal from a final order must be filed within 30 days of that order.
- A motion for reconsideration does not extend the deadline for filing a notice of appeal.
- An untimely notice of appeal deprives the appellate court of jurisdiction.
Why It Matters
The order underscores the jurisdictional consequence of missing Georgia’s appellate deadline. Litigants cannot rely on a motion for reconsideration to preserve or extend the time to appeal a final judgment.