First Community Bank v. Bryan Starr & Associates, Inc.

This court does not have jurisdiction in this case to address the issue of whether a leave of absence forestalls the time for filing a response to a motion for summary judgment.

That is an issue which was raised in defendant’s motion for reconsideration or, in the alternative, motion to set aside judgment under OCGA § 9-11-60 (d). The motion was filed a little over six weeks after defendant filed a notice of appeal from the grant of summary judgment, which judgment the motion attacked. The court below was deprived by defendant’s action in filing the notice of appeal from reconsidering any…