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Robinson v. Georgia Hous. and Fin. Auth.

The trial court's grant of defendants' motion for reconsideration and stay of execution of the writ of possession extended the date for filing their notice of appeal until seven days after the trial court lifted the stay.

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The Georgia Housing and Finance Authority foreclosed on property that was owned by William Robinson, deceased. The trial court issued a writ of possession for the premises on June 2, 1999, when the appellants persons in possession of the property failed to submit payment into the registry of the court by June 1 as ordered. On June 8, the appellants filed a motion for reconsideration and stay of the execution of the writ of possession, and on June 9, the court stayed the June 2 order pending a hearing. On June 16, the court denied the motion for reconsideration and stay, and vacated its June 9 order. Robinson filed a notice of appeal on June 23.

1. The Authority argues that this appeal should be dismissed for lack of jurisdiction due to failure of appellants to file a timely notice of appeal. Specifically, the Authority argues that because the June 2, 1999 order was a final judgment, under OCGA § 44-7-56 the notice of appeal should have been filed within seven days of the date the judgment was entered despite the filing of the motion for reconsideration. While it is true that “a motion for reconsideration does not extend the time for filing a notice of appeal,”1 the June 9th grant of the motion to stay the execution of the writ of possession did extend the date for filing the notice of appeal.2 Therefore, this court has jurisdiction over this appeal as the appellants timely filed the notice of appeal within seven days of the final judgment of June 16.

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