Blackwell v. Sutton, S91A0568
| Decision Date | 10 May 1991 |
| Docket Number | No. S91A0568,S91A0568 |
| Citation | 261 Ga. 284,404 S.E.2d 114 |
| Parties | BLACKWELL v. SUTTON et al. |
| Court | Georgia Supreme Court |
William W. Woody, Dahlonega, for Blackwell.
Larry Fowler, Cleveland, B. Dean Grindle, Jr., Dahlonega, for Sutton et al.
This appeal arises out of a complaint filed by Blackwell against Sutton for ejectment. Sutton filed a motion to dismiss, which the trial court treated as a motion for summary judgment, and granted. Blackwell filed a motion for new trial, which the trial court properly treated as a motion for reconsideration, 1 and denied. Blackwell appeals, contending the grant of summary judgment was improper. A motion for reconsideration, unlike those for new trial, in arrest of judgment, and for judgment notwithstanding the verdict, does not toll the 30-day period for filing a notice of appeal. Adamson v. Adamson, 226 Ga. 719, 177 S.E.2d 241 (1970). Accordingly, Blackwell's notice of appeal, filed more than 30 days after the trial court's grant of summary judgment to Sutton, was untimely, and his appeal is dismissed. See also, Mathis v. Hegwood, 169 Ga.App. 547, 314 S.E.2d 122 (1984).
Appeal dismissed.
All the Justices concur.
1 Although Blackwell's motion was titled one for new trial, his request was for a reconsideration on Sutton's motion to dismiss. None of the grounds routinely associated with a motion for new trial is included. A motion for new trial, by its very nature, would not lie to rectify an erroneous grant of summary judgment.
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Moon v. the State.Martin v. the State (two Cases).
...123 (2001). Moreover, a motion for reconsideration does not toll the 30–day period for filing a notice of appeal. Blackwell v. Sutton, 261 Ga. 284, 404 S.E.2d 114 (1991). Since Martin's second notice of appeal was filed more than 30 days after the trial court's denial of the motion for new ......
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Parker v. Robinson, A16A0212
...to be a motion for reconsideration, as such motions do not toll the time for filing a notice of appeal. See Blackwell v. Sutton , 261 Ga. 284, 404 S.E.2d 114 (1991) ; Masters v. Clark , 269 Ga.App. 537, 539, 604 S.E.2d 556 (2004).6 It is unnecessary for us to decide whether Parker's motion ......
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Jenkins ex rel. Her Minor Child T.J. v. Butts Cnty. Sch. Dist.
...does not toll the time for filing a direct appeal in Georgia's appellate courts. O.C.G.A. § 5–6–38; see also Blackwell v. Sutton, 261 Ga. 284, 284, 404 S.E.2d 114, 114 (1991) (citation omitted). But that rule has no bearing in this Court because the federal procedural rules allow tolling th......
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