Dampier v. FIRST BANK & TRUST COMPANY

Dampier v. First Bank & Trust Co., 266 S.E.2d 539 (Ga. Ct. App. 1980)

Court: Court of Appeals of Georgia · State Appellate Courts
Decided: March 6, 1980
Docket: No. 59337
Judges: Shulman, Quillian, Carley
Citations: 266 S.E.2d 539153 Ga. App. 7561980 Ga. App. LEXIS 1966

Opinion — Shulman

Shulman, Judge.

Plaintiffs motion to dismiss defendant’s appeal was granted on the basis of defendant’s failure to timely file a *757 transcript in accordance with Code Ann. § 6-806.

Argued February 13, 1980 Decided March 6, 1980.

Frank G. Smith, for appellant.

Joseph C. Parker, for appellee.

Since defendant filed his notice of appeal on May 15, 1978, it was incumbent upon him to file a transcript for appeal within 30 days, on or before July 14, 1978. When such transcript was not timely filed, plaintiff brought its motion on July 26, 1978, to dismiss defendant’s appeal. Although defendant admits that he did not seek an extension of time in which to file the transcript, he submits that inasmuch as he was not personally responsible for the delay (since the delay in filing, at least up until the time of plaintiffs July 26 motion, was due to the fact that the transcript had not yet been prepared by the court reporter), the court erred in granting plaintiffs motion to dismiss. We disagree.

Even assuming that defendant himself was not personally at fault for the delay (that he timely paid for the filing of the transcript), the fact that the initial delay in the preparation of the transcript may not have been the fault of the defendant does not excuse the filing delay, in the absence of a proper request by the defendant for an extension of time. (See Code Ann. § 6-804.)

The trial judge determined that there had been an unreasonable delay in filing the transcript and that said delay was inexcusable and caused by the appellant. Code Ann. § 6-809 (b). See also Middleton v. Continental Dev. Corp., 153 Ga. App. 144 .

This being so, the trial court was authorized to dismiss defendant’s appeal.

Judgment affirmed.

Quillian, P. J., and Carley, J., concur.

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Cited by 10 cases

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State Appellate Courts10

Relies on it most ⓘ

City of College Park v. Georgia Power Co.372 S.E.2d 493 (Ga. Ct. App. 1988)
Collins v. State Farm Mutual Automobile Insurance391 S.E.2d 16 (Ga. Ct. App. 1990)
Fuller v. Mayor of Savannah389 S.E.2d 7 (Ga. Ct. App. 1989)
In re G. W. H.310 S.E.2d 573 (Ga. Ct. App. 1983)
Glen Restaurants, Inc. v. Building 5 Associates, Ltd.375 S.E.2d 492 (Ga. Ct. App. 1988)
Long v. City of Midway302 S.E.2d 372 (Ga. Ct. App. 1983)

Most recent

Collins v. State Farm Mutual Automobile Insurance391 S.E.2d 16 (Ga. Ct. App. 1990)
Fuller v. Mayor of Savannah389 S.E.2d 7 (Ga. Ct. App. 1989)
Gerdes v. Dziewinski377 S.E.2d 550 (Ga. Ct. App. 1989)
Glen Restaurants, Inc. v. Building 5 Associates, Ltd.375 S.E.2d 492 (Ga. Ct. App. 1988)
City of College Park v. Georgia Power Co.372 S.E.2d 493 (Ga. Ct. App. 1988)
Thomas v. Satterfield313 S.E.2d 134 (Ga. Ct. App. 1984)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	Middleton v. Cont'l Dev. Corp., 264 S.E.2d 689 (Ga. Ct. App. 1980)	5

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