Brian J. Albert v. Aimee Albert ( 2018 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
December 11, 2018
The Court of Appeals hereby passes the following order:
A19A0772. BRIAN J. ALBERT v. AIMEE ALBERT.
On November 23, 2015, the trial court entered an order suspending Brian J.
Albert’s visitation with his minor children and finding him to be in contempt of a
child support order. Albert filed a motion for reconsideration from this ruling. The
trial court denied the motion for reconsideration on May 22, 2018, and Albert filed
a notice of appeal on June 15, 2018. We lack jurisdiction.
A notice of appeal must be filed within 30 days of the entry of the order sought
to be appealed. OCGA § 5-6-38 (a). “The proper and timely filing of a notice of
appeal is an absolute requirement to confer jurisdiction upon an appellate court.”
Perlman v. Perlman, 318 Ga. App. 731, 739 (4) (734 SE2d 560) (2012) (punctuation
omitted). Here, Albert had a right to appeal directly the trial court’s November 2015
order, which modified custody. See OCGA § 5-6-34 (a) (11). Instead of filing a notice
of appeal from this ruling, Albert filed a motion for reconsideration. However, the
denial of a motion for reconsideration is not directly appealable, and the filing of such
a motion does not extend the time for filing an appeal. Bell v. Cohran, 244 Ga. App.
510, 511 (536 SE2d 187) (2000); Savage v. Newsome, 173 Ga. App. 271, 271-272
(326 SE2d 5) (1985). Because Albert did not file a timely notice of appeal from the
trial court’s November 2015 order, this appeal is hereby DISMISSED for lack of
jurisdiction.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
12/11/2018
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.
, Clerk.