Arnold Street, LLC v. Phoebe Maze
A17D0131
| Ga. Ct. App. | Nov 21, 2016Background
- Arnold Street, LLC sued multiple defendants seeking a determination of the validity of a security deed.
- On April 22, 2016, the trial court entered final judgment for the defendants and included findings of fact and conclusions of law under OCGA § 9-11-52 at plaintiff's request.
- On May 6, 2016, Arnold Street moved to amend those findings and for reconsideration; the trial court did not rule on that motion before plaintiff filed a notice of appeal on May 24, 2016.
- This Court dismissed the appeal as untimely because the notice of appeal was filed more than 30 days after the appealable judgment; remittitur issued and the appeal dismissal became final.
- After remittitur, Arnold Street requested a ruling on its May 6 motion; the trial court entered an "Order on Remittitur" denying the request. Plaintiff then sought discretionary review in this Court.
- The Court of Appeals concluded plaintiff’s application sought review of a denial of reconsideration and was untimely because the underlying final judgment’s appeal period had expired.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether filing a motion to amend/findings/reconsider extends the 30-day appeal period | Filing the May 6 motion tolled or extended the time to appeal the April 22 final judgment | Motion for reconsideration does not extend the time to appeal; notice had to be filed within 30 days | Denied: a motion for reconsideration is not directly appealable and does not extend the 30-day appeal period |
| Whether the court had jurisdiction to hear a discretionary application from the post-remittitur order | Plaintiff sought discretionary review of the "Order on Remittitur" as a vehicle to review the final judgment | Defendants contended that the post-remittitur order merely denied reconsideration and could not revive the expired appeal period | Denied: discretionary application dismissed for lack of jurisdiction because plaintiff failed to timely appeal the underlying final judgment |
Key Cases Cited
- Perlman v. Perlman, 318 Ga. App. 731 (court appellate jurisdiction requires timely notice of appeal)
- Masters v. Clark, 269 Ga. App. 537 (pleadings judged by function, not name; substance controls characterization)
- Bell v. Cohran, 244 Ga. App. 510 (denial of motion for reconsideration is not directly appealable and does not extend appeal period)
- Savage v. Newsome, 173 Ga. App. 271 (same: reconsideration motion does not extend time to appeal)