Warrington Enterprises, LLC v. Marvin Lopez

Court of Appeals
of the State of Georgia

ATLANTA,____________________
June 04, 2026

The Court of Appeals hereby passes the following order:

A26A2069. WARRINGTON ENTERPRISES, LLC v. MARVIN LOPEZ.

Marvin Lopez filed a complaint for damages against Warrington Enterprises,
LLC d/b/a American Crane Services (“Warrington”) and others. After Warrington
failed to answer, Lopez moved for default judgment, which the trial court granted as
to liability. Warrington subsequently moved to open default. On January 8, 2026, the
trial court entered an order denying Warrington’s motion to open default. Warrington
filed a motion for reconsideration of that order, which the trial court denied on March
11, 2026. Warrington filed a notice of appeal on April 10, 2026. We, however, lack
jurisdiction.
Pretermitting whether Warrington is entitled to a direct appeal, its notice of
appeal was untimely. A notice of appeal must be filed within 30 days of entry of the
order to be appealed. OCGA § 5-6-38(a). 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). The denial of a motion
for reconsideration is not itself appealable and does not extend the time for filing a
notice of appeal. Mosher v. Mosher, 378 Ga. App. 187, 189 (919 SE2d 831) (2025).
Here, the appeal is untimely as to the January 5, 2026 final order, as it was filed 92
days after entry of the order. And the appeal is improper as to the denial of the motion
for reconsideration.
Accordingly, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
06/04/2026
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.