L. Lin Wood v. Nicole Wade - Appeal Dismissed for Untimely Filing
Summary
The Georgia Court of Appeals dismissed Case No. A26A1640, L. Lin Wood et al. v. Nicole Wade et al., because appellant L. Lin Wood failed to timely file his notice of appeal. Wood filed his notice 34 days after the trial court's November 5, 2025 order granting the plaintiffs' motion for supersedeas bond, exceeding the 30-day statutory deadline under OCGA ยง 5-6-38(a). The court held that the denial of a motion for reconsideration is not subject to direct appeal, and such motions do not toll the time for filing a notice of appeal.
What changed
The Court of Appeals of Georgia dismissed L. Lin Wood's appeal (A26A1640) as untimely. Wood filed his notice of appeal 34 days after the trial court's November 5, 2025 order, surpassing the 30-day requirement under OCGA ยง 5-6-38(a). Although Wood filed his notice within 30 days of the December 8 order denying his motion for reconsideration, the court confirmed that denial of reconsideration is not independently appealable and does not toll the original appeal window.
Affected parties should note that motions for reconsideration do not extend or toll the time to file a notice of appeal in Georgia civil cases. Litigants must independently track the 30-day deadline from the underlying judgment or appealable order. This dismissal leaves the underlying $9,661,177 judgment intact.
What to do next
- Monitor procedural deadlines for any future filings
- Consult legal counsel before filing appeals to ensure compliance with OCGA ยง 5-6-38(a)
Archived snapshot
Apr 13, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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April 13, 2026 Get Citation Alerts Download PDF Add Note
L. LIN WOOD v. NICOLE WADE
Court of Appeals of Georgia
- Citations: None known
- Docket Number: A26A1640
Disposition: Dismissed
Disposition
Dismissed
Combined Opinion
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 Woodโs 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 ยง 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 courtโs 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) (โIt 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.โ).
Accordingly, Woodโs 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
Clerkโs 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.
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