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L. LIN WOOD v. NICOLE WADE

Docket A26A1640

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilDismissed
Filed
Jurisdiction
Georgia
Court
Court of Appeals of Georgia
Type
Opinion
Case type
Civil
Disposition
Dismissed
Docket
A26A1640

Appeal from a trial court order granting a supersedeas bond after entry of a final judgment in a civil action

Summary

The Georgia Court of Appeals dismissed L. Lin Wood’s appeal for lack of jurisdiction. The underlying civil trial court entered a $9,661,177 judgment for the plaintiffs and granted a supersedeas bond on November 5, 2025. Wood filed a motion for reconsideration on November 12 and a notice of appeal on December 9, 2025. The Court held that the notice of appeal was untimely as to the November 5 order because it was filed 34 days later, and that the later denial of the reconsideration motion is not directly appealable and does not extend the appeal deadline.

Issues Decided

  • Whether the Court of Appeals has jurisdiction where the notice of appeal was filed more than 30 days after the trial court's order granting a supersedeas bond
  • Whether the filing or denial of a motion for reconsideration tolls the 30-day period to file a direct appeal

Court's Reasoning

Under OCGA § 5-6-38(a), a notice of appeal must be filed within 30 days of the entry of the judgment or order to confer appellate jurisdiction. Wood filed his notice of appeal 34 days after the November 5 supersedeas order, so it was untimely. The court also relied on precedent holding that a motion for reconsideration and its denial are not directly appealable and do not toll the appeal period, so the subsequent filing within 30 days of the denial could not cure the untimeliness.

Authorities Cited

  • OCGA § 5-6-38(a)
  • Perlman v. Perlman318 Ga. App. 731, 739(4) (734 SE2d 560) (2012)
  • Ferguson v. Freeman282 Ga. 180, 181(1) (646 SE2d 65) (2007)
  • Harned v. Piedmont Healthcare Found., Inc.356 Ga. App. 870, 872 (849 SE2d 726) (2020)

Parties

Appellant
L. Lin Wood
Appellee
Nicole Wade et al.
Judge
Court of Appeals of the State of Georgia (order issued by court)

Key Dates

trial court final judgment
supersedeas order entered
2025-11-05
motion for reconsideration filed
2025-11-12
motion for reconsideration denied
2025-12-08
notice of appeal filed
2025-12-09
Court of Appeals order dismissing appeal
2026-04-13

What You Should Do Next

  1. 1

    Consult appellate counsel immediately

    Affected parties should talk with an appellate lawyer to identify any remaining procedural remedies or potential filings in the trial court that might be available.

  2. 2

    Consider trial-court post-judgment relief

    Explore motions or relief available in the trial court (for example, a timely motion for new trial or other post-judgment remedies) if not already foreclosed, keeping strict deadlines in mind.

  3. 3

    Evaluate potential for extraordinary relief

    If appropriate, counsel can assess whether extraordinary relief (such as a petition to the Supreme Court of Georgia) is available and warranted given the dismissal for lack of jurisdiction.

Frequently Asked Questions

What did the court decide?
The Court of Appeals dismissed Wood's appeal because his notice of appeal was not filed within the required 30-day period after the trial court's November 5 order.
Who is affected by this decision?
L. Lin Wood (the appellant) is directly affected because his appeal is dismissed; the plaintiffs who won the $9,661,177 judgment retain that victory for now.
Does filing a motion for reconsideration extend the time to appeal?
No. The court explained that filing a motion for reconsideration does not toll or extend the 30-day deadline for filing a direct appeal.
What happens next?
Because the appeal was dismissed for lack of jurisdiction, Wood may consider other available post-judgment remedies in the trial court or review options, subject to statutory deadlines and rules.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text
Court of Appeals
of the State of Georgia

                                         ATLANTA,____________________
                                                  April 13, 2026

The Court of Appeals hereby passes the following order:

A26A1640. L. LIN WOOD et al. v. NICOLE WADE et al.

      In this civil action, the trial court entered a final judgment of $9,661,177 in favor
of the plaintiffs. The trial court later denied L. Lin Wood’s motion for judgment
notwithstanding the verdict/motion for new trial.1 The plaintiffs moved for
supersedeas bond, which the trial court granted on November 5, 2025. On November
12, 2025, Wood filed a motion for reconsideration, which the trial court denied on
December 8, 2025. Wood then filed a notice of appeal on December 9, 2025. We,
however, lack jurisdiction.
      A notice of appeal must be filed within 30 days of entry of the judgment or trial
court 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 appellate jurisdiction on this
Court. Perlman v. Perlman, 318 Ga. App. 731, 739(4) (734 SE2d 560) (2012). In this
case, Wood did not file his notice of appeal until 34 days after the court’s November
5 order. And though Wood filed his appeal within 30 days of the order denying his
motion for reconsideration, the denial of such a motion is not subject to direct appeal.
See Ferguson v. Freeman, 282 Ga. 180, 181(1) (646 SE2d 65) (2007); Bell v. Cohran,
244 Ga. App. 510, 511 (536 SE2d 187) (2000). Moreover, the filing of a motion for
reconsideration does not toll the time for filing a direct appeal. Ferguson, 282 Ga. at
181(1); see Harned v. Piedmont Healthcare Found., Inc., 356 Ga. App. 870, 872 (849
SE2d 726) (2020) (“It is well settled that motions for reconsideration do not toll the


      1
          The appeal for this order is docketed in Case No. A26A1639.
time period for filing a notice of appeal.”).
      Accordingly, Wood’s failure to file a timely notice of appeal as to the November
5 supersedeas order deprives us of jurisdiction over this appeal, which is hereby
DISMISSED.

                                        Court of Appeals of the State of Georgia
                                          Clerk’s Office, Atlanta,____________________
                                                                      04/13/2026
                                                   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.