Don’t even consider it; or reconsider it done

The Court of Appeals of Georgia sees one of these about every week or two — a notice of appeal filed within 30 days of a denial of a motion for reconsideration, but more than 30 days after the judgment. This appeal was filed by the pro se plaintiff, who could be excused (but wasn’t); but Georgia attorneys should know better: The 30 days to appeal from a final judgment runs from the date of the judgment, and a motion for reconsideration doesn’t extend the time to file the notice of appeal.

Ironically enough, the Court of Appeals is more lenient with its own judgments, providing in its own rules that the time to file a petition for certiorari to the Supreme Court of Georgia is extended until the Court of Appeals rules on any motion for reconsideration!

Subscribe to Taylor English Insights by topic here.