Tomekia Wilder v. State

Court of Appeals of the State of Georgia

ATLANTA,____________________ August 19, 2021

The Court of Appeals hereby passes the following order: A22A0124. TOMEKIA WILDER v. THE STATE.

Tomekia Wilder was found guilty of a traffic offense in municipal court, and she appealed to the superior court. On February 18, 2020, the superior court affirmed the municipal court ruling, and Wilder filed a motion for reconsideration. On August 24, 2020, the superior court denied the motion for reconsideration, and Wilder appeals. We lack jurisdiction for two reasons. First, under OCGA § 5-6-35 (a) (1), “[a]ppeals from the decisions of the superior courts reviewing decisions of . . . lower courts by certiorari or de novo proceedings” must be made by filing an application for discretionary appeal in this Court. See Brown v. City of Marietta, 214 Ga. App. 840, 841-842 (1) (449 SE2d 540) (1994). Because Wilder failed to follow the discretionary appeal procedure, we lack jurisdiction. See id. Second, Wilder’s notice of appeal is untimely. Under OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days after entry of an appealable order. The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). The denial of a motion for reconsideration is not appealable in its own right nor does it extend the time in which to file a notice of appeal. See Bell v. Cohran, 244 Ga. App. 510, 510-511 (536 SE2d 187) (2000); Savage v. Newsome, 173 Ga. App. 271, 271 (326 SE2d 5) (1985). Because Wilder did not seek appellate review within 30 days of the superior court’s February 18 order – and because the superior court’s August 24 order was not appealable – we lack jurisdiction. For these reasons, Wilder’s appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 08/19/2021 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.