Cooper v. Spotts
309 Ga. App. 361
| Ga. Ct. App. | 2011Background
- Cooper appeals a bench trial in Cherokee County after the Magistrate Court judgment favored the Spotts on a counterclaim and dismissed Cooper for lack of standing; the trial court also dismissed Cooper's claims.
- Cooper sought discretionary review; the initial discretionary appeal was dismissed without prejudice while her motion for new trial was pending.
- Cooper withdrew the motion for new trial and later sought reconsideration, which led to a reconsideration grant and vacating prior dismissal, creating jurisdictional questions.
- The Court, analyzing its own jurisdiction, disapproved a line of cases holding that filing a discretionary appeal divests the trial court of jurisdiction over motions for new trial.
- Ultimately the Court concluded it had no jurisdiction to review the merits because Cooper’s discretionary appeal, as reconsidered, was improvidently granted and there was no final disposition of the motion for new trial in the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether filing a discretionary appeal divests the trial court of jurisdiction over a motion for new trial | Cooper relied on Holland to argue divestiture | Spotts argued Holland controls the outcome | Disapproved; no automatic divestiture; jurisdiction rules do not support merits review |
| Whether Cooper's discretionary appeal was properly granted on reconsideration | Cooper maintained reconsideration allowed merits review | Spotts contended improvident grant | Improvidently granted; appellate lacked jurisdiction to consider merits |
| Whether Cooper's withdrawal of the motion for new trial extended the appeal period | Withdrawal should toll time | No final disposition of motion exists in record | No proper order disposing of the motion; no extended deadline exists under OCGA 5-6-38 |
| Whether the appellate court has jurisdiction after dismissal of the discretionary appeal | N/A | N/A | Appeal dismissed for lack of jurisdiction; no review of merits |
| Whether the record supports a jurisdictional basis to review the judgment | N/A | N/A | Court lacks jurisdiction to review on the merits; disposition of discretionary appeal was improper |
Key Cases Cited
- Dept. of Human Resources v. Holland, 236 Ga.App. 273, 511 S.E.2d 628 (1999) (Ga. App. 1999) (discretionary review effects and supersedeas; brackets guidance on jurisdictional reach of discretionary appeals)
- Nest Investments v. Tzavaras, 221 Ga.App. 282, 471 S.E.2d 223 (1996) (Ga. App. 1996) (supersedeas effect of notice of appeal; trial court divested of jurisdiction to rule on motions when appeals pending)
- Bryson v. State, 228 Ga.App. 84, 491 S.E.2d 184 (1997) (Ga. App. 1997) (trial court divested of jurisdiction to amend orders when discretionary appeal filed)
- Griffin v. Loper, 209 Ga.App. 504, 433 S.E.2d 653 (1993) (Ga. App. 1993) (notice of appeal with pending motion for new trial confers no jurisdiction absent proper certificate for immediate review)
- Heard v. State, 274 Ga. 196, 552 S.E.2d 818 (2001) (Ga. 2001) (withdrawal of motion for new trial alone does not dispose of the motion; must have a disposing order)