Background
Saeed Hassan and Faryal Hassan sought review in state court of a magistrate court decision involving Societe Air France Corp. d/b/a Air France. On July 27, 2026, the state court dismissed their petition because they had not properly served the lower judicatory.
The Hassans moved to vacate the dismissal, asserting that their service failure resulted from a misunderstanding of the procedural requirements. The state court denied that motion on September 14, 2026. The Hassans then filed an application for discretionary appeal on September 23, 2026.
The Court’s Holding
The Court of Appeals of Georgia dismissed the application for lack of jurisdiction. Under OCGA § 5-6-35(d), an application for discretionary review must be filed within 30 days after entry of the order being appealed, and that deadline is jurisdictional.
The application was filed 58 days after the July 27 dismissal order and was therefore untimely. The court further held that the Hassans’ motion to vacate was substantively a motion for reconsideration, which neither extended the appellate deadline nor created an independently appealable order when denied.
Key Takeaways
- The 30-day deadline for a discretionary appeal application is jurisdictional.
- A motion labeled as one to vacate may be treated as a motion for reconsideration based on its substance.
- A motion for reconsideration does not toll the time to seek appellate review.
Why It Matters
The order underscores that litigants must file discretionary appeal applications within the statutory period measured from the underlying appealable order. Post-order motions that merely seek reconsideration cannot preserve an expired appellate deadline.