State Council of Georgia v. Cook

Full title: STATE COUNCIL OF GEORGIA, JUNIOR ORDER UNITED AMERICAN MECHANICS v. COOK…

Court: Court of Appeals of Georgia

Date published: Jan 30, 1975

213 S.E.2d 62 (Ga. Ct. App. 1975)

213 S.E.2d 62

Opinion

50127.

ARGUED JANUARY 14, 1975.

DECIDED JANUARY 30, 1975. REHEARING DENIED FEBRUARY 13, 1975.

Appellate procedure. Richmond Civil Court. Before Judge Mixon.

J. Ralph McClelland, Jr., for appellant. Lanier, Powell, Cooper Cooper, L. Valdi Cooper, Roger W. Dunaway, Jr., for appellees.

STOLZ, Judge.

This case is an appeal from an order of the Civil Court of Richmond County dismissing the appeal for failure to file the transcript of the evidence within the time provided by law. Appellant's counsel contends that he was not aware that the transcript had not been filed by the court reporter until the time had expired, and had received repeated assurances from the court reporter that the transcript would be available within the statutory period. No request was made for an extension of time. Held:

We affirm. The case is controlled by the decision of the Supreme Court in Dunbar v. Green, 232 Ga. 188 ( 205 S.E.2d 854). See also Blackstone v. State, 131 Ga. App. 666 ( 206 S.E.2d 553).

Judgment affirmed. Deen, P. J., and Evans, J., concur.

ARGUED JANUARY 14, 1975 — DECIDED JANUARY 30, 1975 — REHEARING DENIED FEBRUARY 13, 1975 — CERT. APPLIED FOR.