Saeed Hassan v. Societe Air France Corp. D/B/A Air France
CourtCourt of Appeals of Georgia
Date FiledOctober 9, 2026
DocketA27D0195
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
October 09, 2026
The Court of Appeals hereby passes the following order:
A27D0195. SAEED HASSAN et al v. SOCIETE AIR FRANCE CORP. d/b/a
AIR FRANCE.
On July 27, 2026, the state court dismissed Saeed Hassan’s and Faryal Hassan’s
petition for review of a magistrate court decision based on the Hasaans’s failure to
properly serve the lower judicatory . The Hassans asked the state court to vacate this
dismissal order because any failure to serve the lower judicatory was based on their
misunderstanding of the procedural requirements. On September 14, 2026, the state
court denied the motion to vacate. On September 23, 2026, the Hassans filed an
application for discretionary appeal. We, however, lack jurisdiction.
An application for discretionary review must be filed within 30 days of entry of
the order to be appealed. OCGA § 5-6-35(d). This statutory deadline is jurisdictional,
and we cannot accept an application for appeal not made in compliance with it. Boyle
v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). The Hasaans’s September 23,
2026 application for discretionary appeal was untimely filed 58 days after entry of the
July 27, 2026 dismissal order.
Further, the Hasaans’s motion to vacate the dismissal order sought — in
substance — reconsideration of the trial court’s dismissal of their pending petition for
review. See Marshall v. State, 229 Ga. 841, 841(1) (195 SE2d 12) (1972) (explaining
that “substance, not mere nomenclature” controls pleadings). A motion for
reconsideration does not extend the time for filing an appellate challenge to an
appealable order, and the denial of a motion for reconsideration is not appealable in
its own right. See Bell v. Cohran, 244 Ga. App. 510, 510–11 (536 SE2d 187) (2000);
Savage v. Newsome, 173 Ga. App. 271, 271 (326 SE2d 5) (1985).
Because the Hasaans filed their application for discretionary appeal 58 days
after entry of the order they seek to appeal, we lack jurisdiction to consider their
untimely application, which is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
10/09/2026
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.