Franklin v. Georgia Vocational Rehabilitation Agency - Dismissed Appeal

GA Court of Appeals Opinions

Filed March 2nd, 2026

Detected March 3rd, 2026

Summary

The Court of Appeals of Georgia dismissed an appeal filed by Christopher Franklin against the Georgia Vocational Rehabilitation Agency. The dismissal was based on multiple procedural grounds, including untimeliness and failure to follow discretionary appeal procedures.

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What changed

The Court of Appeals of Georgia has dismissed the appeal in Christopher Franklin v. Georgia Vocational Rehabilitation Agency (Docket Number: A26A1366). The dismissal is based on three primary reasons: the appeal of the original dismissal order was untimely as it was filed more than 30 days after the entry of the order; the denial of a motion for reconsideration is not independently appealable; and an appeal from the denial of a motion to set aside requires a discretionary appeal application, which was not filed.

This ruling signifies that the original trial court's dismissal order stands. For legal professionals, this case highlights the critical importance of adhering to strict appellate timelines and procedural requirements, particularly regarding direct appeals versus discretionary appeals and the non-appealability of certain interlocutory orders or denials of motions for reconsideration. Failure to comply with these jurisdictional requirements will result in dismissal, as demonstrated in this case.

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March 2, 2026 Get Citation Alerts Download PDF Add Note

Christopher Franklin v. Georgia Vocational Rehabilitation Agency

Court of Appeals of Georgia

Citations: None known
Docket Number: A26A1366
Disposition: Dismissed
Opinion
Authorities (3)
Cited By (0)
Summaries (0)
Similar Cases (0)
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Disposition

Dismissed

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
March 02, 2026

The Court of Appeals hereby passes the following order:

A26A1366. CHRISTOPHER FRANKLIN v. GEORGIA VOCATIONAL
REHABILITATION AGENCY.

In this civil action, the trial court entered a final order granting the defendant’s
motion to dismiss on April 25, 2025. The plaintiff, Christopher Franklin, filed a
motion for reconsideration and a motion to set aside under OCGA § 9-11-60(d). The
trial court denied the motions, and Franklin filed the instant direct appeal on
November 10, 2025. We lack jurisdiction for three reasons.
First, to the extent Franklin seeks to appeal the final order granting the
defendant’s motion to dismiss, the appeal is untimely because it was filed more than
30 days after entry of the order. 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 denial of a motion for reconsideration does not extend the time for filing a notice
of appeal. Savage v. Newsome, 173 Ga. App. 271, 271 (326 SE2d 5) (1985). And the
proper and timely filing of a notice of appeal is an absolute requirement to confer
jurisdiction upon this Court. Perry v. Paul Hastings, LLP, 362 Ga. App. 140, 141 (866
SE2d 855) (2021).
Second, to the extent Franklin seeks to appeal the denial of his motion for
reconsideration, the denial of such a motion is not itself appealable. Savage, 173 Ga.
App. at 271.
Third, to the extent Franklin seeks to appeal the denial of his motion to set aside
under OCGA § 9-11-60(d), an appeal from the denial of such a motion requires the
filing of an application for discretionary appeal. See OCGA § 5-6-35(a)(8), (b); Lemcon
USA Corp. v. Icon Technology Consulting, 301 Ga. 888, 892 (804 SE2d 347) (2017).
Compliance with the discretionary appeals procedure is jurisdictional. Smoak v. Dept.
of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996).
For the foregoing reasons, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/02/2026
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.