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PRESLEY v. GREENE
QUILLIAN, Judge.
On May 30, 1975, judgments granting the defendants' motion for summary judgment were entered. On June 9, 1975 the plaintiffs filed a motion for reconsideration of the orders. On September 10, 1975, nunc pro tunc August 18, 1975, the motion for reconsideration was denied. Appeal was taken from that order. Held:
The notice of appeal was not timely filed. As held in Adamson v. Adamson, 226 Ga. 719, 720 ( 177 S.E.2d 241): "The instant appeal is not timely since a `motion for reconsideration' of an order denying summary judgment is not included among those motions enumerated in Code Ann. ยง 6-803, supra, which automatically extend the filing date for a notice of appeal. It follows that the notice of appeal filed on May 22, 1970, from the judgment of the court of May 1, 1970, denying the `motion for reconsideration' of the judgment of March 24, 1970, is not timely." Accord: Fastenberg v. Associated Distributors, 134 Ga. App. 213, 214 ( 213 S.E.2d 898); Groenendijk v. Groenendijk, 226 Ga. 800 ( 177 S.E.2d 686).
Appeal dismissed. Deen, P. J., and Webb, J., concur.
ARGUED JANUARY 15, 1976 โ DECIDED FEBRUARY 2, 1976 โ REHEARING DENIED FEBRUARY 26, 1976 โ CERT. APPLIED FOR.Alert