ITT Industrial Credit Co. v. Carpet Factory, Inc.

Full title: ITT INDUSTRIAL CREDIT COMPANY v. CARPET FACTORY, INC. et al

Court: Court of Appeals of Georgia

Date published: Oct 26, 1976

230 S.E.2d 354 (Ga. Ct. App. 1976)

230 S.E.2d 354

Opinion

52696.

ARGUED SEPTEMBER 22, 1976.

DECIDED OCTOBER 26, 1976.

Dismissal of appeal. Clayton State Court. Before Paul S. Weiner, Judge pro hac vice.

Lewis N. Jones, for appellant.

Watson, Brown, Foster Keller, John L. Watson, Jr., for appellees.

BELL, Chief Judge.

In dismissing this appeal the trial court found that the delay in transmitting the record to this court was inexcusable but did not make a finding that the delay was unreasonable. The Supreme Court held in Young v. Climatrol c. Corp., 237 Ga. 53 ( 226 S.E.2d 737) that the provision of the Appellate Practice Act authorizing the trial court to dismiss an appeal for delay (Code Ann. § 6-809 (b)), requires that two elements be present: One, that the delay was unreasonable and two, that it was inexcusable. Since no finding of unreasonableness was made, Young controls here and the judgment dismissing the appeal is reversed.

Judgment reversed. Clark and Stolz, JJ., concur.

ARGUED SEPTEMBER 22, 1976 — DECIDED OCTOBER 26, 1976.