Leader National Insurance v. Martin

On Motion for Rehearing.

On motion for rehearing, the appellant misconstrues our holding in this case as being “that if a party’s initial motion for new trial is deniable [then] the motion will not be amendable, nor will it toll the time for filing a notice of appeal.” What we have instead held is that a “motion for new trial” will not be effective to extend the time for filing an appeal unless it in fact raises some objection to the conduct of the trial or otherwise seeks to overturn the jury’s verdict in the case. See generally OCGA §§ 5-5-20 through 5-5-25. Where, as in the present case, the motion is directed towards a summary judgment ruling issued by the court prior to the commencement of the trial, then it is actually a motion for reconsideration or motion to set aside rather than a motion for new trial; and it has repeatedly been held that such motions do not extend the time for filing an appeal. See Austin v. Carter, 248 Ga. 775, 776 (285 SE2d 542) (1982).