Summary
affirming the trial court's dismissal of an appeal when appellant caused a delay in the docketing of the appeal by mistakenly designating a nonexistent transcript as part of the record and by failing to take any steps to expedite the appeal
Summary of this case from Callaway v. GarnerOpinion
A94A0832.
DECIDED JULY 12, 1994.
Declaratory judgment. DeKalb Superior Court. Before Judge Tillman, Senior Judge.
Robert S. Devins, pro se. Simmons, Warren Szczecko, William C. McFee, Jr., for appellee.
On April 21, 1993, the appellant filed a notice of appeal from the grant of summary judgment for the appellee in this declaratory judgment action commenced by the appellant. On October 13, 1993, after finding that there had been an unreasonable delay in the filing of the transcript and that the appellant was guilty of laches in failing to monitor the progress of the appeal or to take appropriate steps to cause it to be docketed, the trial court dismissed the appeal. That order of dismissal is now appealed.
The record shows that transmittal of the record to this court was delayed because the appellant's notice of appeal mistakenly designated that a nonexistent transcript would be included as part of the record, and that the appellant made no effort to expedite the appeal. Under these circumstances, the trial court did not abuse its discretion in dismissing the appellant's notice of appeal. Johnston v. Ga. Pub. Svc. Comm., 209 Ga. App. 224 ( 433 S.E.2d 65) (1993); Teston v. Mills, 203 Ga. App. 20 ( 416 S.E.2d 133) (1992).
Judgment affirmed. Birdsong, P. J., and Blackburn, J., concur.