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Lawskills.com Georgia Caselaw
HUNTER v. BIG CANOE CORPORATION et al.
63701.
BIRDSONG, Judge.
Action for damages. Fulton Superior Court. Before Judge Williams.
Mrs. Hunter is faced with a jurisdictional problem. Has she properly invoked appellate jurisdiction? The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon this court. Dargan, Whitington & Conner v. Kitchen, 138 Ga. App. 414, 417 (1) (226 SE2d 482). The rules of this court require a notice of appeal to be filed in this court within 30 days of the rendition of a final action by the trial court. Code Ann. 6-803. A motion for reconsideration is not one of those motions that will automatically extend the number of days allowed for filing a notice of appeal. Lawler v. Georgia Mut. Ins. Co., 156 Ga. App. 265, 266 (276 SE2d 646); Security Branding v. Corbitt, 144 Ga. App. 164 (240 SE2d 728). Were the rule otherwise, appellant still failed to file a motion for reconsideration for seven months, well after the 30 days allowed a notice of appeal. Even if appellant could have found refuge in a timely filing from the date of the court's order denying the motion for reconsideration of September 25, 1981 (less than 30 days preceding the filing of her notice of appeal), Mrs. Hunter's notice of appeal falls victim to the rule that a trial judge's authority to reconsider, vacate, substantially modify, correct other than a recording error, or otherwise alter a judgment ends with the conclusion of the term in which the judgment was entered. Hughes v. Powell, 152 Ga. App. 851 (264 SE2d 303); Blatt v. Bernath, 151 Ga. App. 69, 71 (3) (258 SE2d 735); Burnett v. American Mut. Liability Ins. Co., 147 Ga. App. 269, 270 (248 SE2d 510).
For either of these two reasons, Mrs. Hunter has not providently filed her notice of appeal so as to invoke the jurisdiction of this court thus precluding our consideration of her provocative enumerations of error. In the absence of a proper notice of appeal, Mrs. Hunter's appeal must be dismissed.
Robert P. Wilson, W. John Wilson, for appellant.
DECIDED MAY 21, 1982 -- REHEARING DENIED JUNE 18, 1982 -- CERT. APPLIED FOR.
Thursday May 21 21:25 EDT


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