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MAPP v. WE CARE TRANSPORTATION SERVICES INC

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Court of Appeals of Georgia.

MAPP v. WE CARE TRANSPORTATION SERVICES, INC. et al.

No. A13A0604.

Decided: February 01, 2013

Michael Bernard King, for Appellant. Michael Patrick Bain, Atlanta, for Appellee.

We granted the application for discretionary appeal filed by Gladys E. Mapp, as representative of the estate of Vera L. Travis, and upon review, we affirm the trial court.

Mapp filed a renewed complaint against We Care Transportation Services, Inc., Southeastrans, Inc., and Alvin A Haadee, alleging they were liable for causing injuries to Travis which resulted in her death. The trial court dismissed the complaint. Mapp is appealing the trial court's denial of her motion for an out-of-time appeal or, alternatively, to set aside the order dismissing her complaint. However, we have previously considered the merits of the trial court's dismissal in Mapp v. We Care Transportation Services, 311 Ga.App. 879, 717 S.E.2d 263 (2011).1 We noted in Mapp that the party asserting error had the burden of providing this court with a sufficient record to enable it to review the error. Because the appellate record did not include a copy of the complaint, we were required to assume that the trial court ruled correctly and we affirmed the dismissal. Id. at 879–880, 717 S.E.2d 263.

After this case was remitted to the trial court, Mapp filed her motion for an out-of-time appeal or to set aside the dismissal order. The parties briefed the issue, and after a hearing at which Mapp did not appear, the trial court denied the motion. Mapp appeals the denial of her motion for an out-of-time appeal or to set aside the dismissal, arguing that the trial court abused its discretion because she never received notice of the hearing.

First, “we note that although the superior court may grant an out-of-time appeal in a criminal case, such relief is not available in a civil case such as this.” Register v. Elliott, 285 Ga.App. 741, 744, 647 S.E.2d 406 (2007). Nevertheless, pretermitting whether or not Mapp was served with notice of the hearing on her motion, we note that the order Mapp sought to set aside “has been affirmed by this Court, as noted above, and is now the law of the case in this matter.” Rice v. Lost Mountain Homeowners Assoc., 288 Ga.App. 714(1), 655 S.E.2d 214 (2007). “[A]ny ruling by the Supreme Court or the Court of Appeals in a case shall be binding in all subsequent proceedings in that case in the lower court and in the Supreme Court or the Court of Appeals as the case may be.” OCGA § 9–11–60(h).

Upon the remittitur from the appellate court being filed in the trial court, the issue is res judicata, and the lower court has no authority to allow the movant to amend his motion. Nor can it hear further evidence or consider any other matter that would otherwise affect the finality of the judgment of this court. The only action which that court had authority or power to take was to make the judgment of this court the judgment of the trial court and to enter an order [reflecting this court's decision.]

Shepherd v. Shepherd, 243 Ga. 253, 254–255, 253 S.E.2d 696 (1979).

Accordingly, the trial court's order is affirmed.

Judgment affirmed.

BARNES, Presiding Judge.

MILLER and RAY, JJ., concur.

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