Summary
In Thomas v. Satterfield, 169 Ga. App. 432 (313 S.E.2d 134) (1984), this court considered a factual situation similar to the present one. A notice of appeal from the judgment was filed on March 2, 1983, and no transcript nor request for extension was filed within thirty days. Appellant's first request for extension was not filed until May 9 and the appeal was dismissed on June 22.
Summary of this case from City of College Park v. Ga. Power Co.Opinion
67294.
DECIDED JANUARY 4, 1984.
Appeal dismissal. Taylor Superior Court. Before Judge Land.
George Handelsman, for appellant.
Ray L. Allison, for appellee.
This is an appeal from the trial court's dismissal of an appeal for failure to timely file a transcript. Held:
Appellant timely filed a notice of appeal from a judgment on March 2, 1983, requesting that the trial transcript be included in the record on appeal. The transcript was not filed within 30 days as required by law and, no request for an extension of time to file the transcript having been made, appellee moved to dismiss the appeal in April. Appellant's first request for an extension of time to file was made on May 9, and the trial court dismissed the appeal on June 22.
It was incumbent on appellant to file the transcript by April 1, 30 days after the notice of appeal, or obtain an extension. OCGA § 5-6-42 (Code Ann. § 6-806). "Even assuming that [appellant] himself was not personally at fault for the delay . . ., the fact that the initial delay in the preparation of the transcript may not have been the fault of the [appellant] does not excuse the filing delay, in the absence of a proper request by the [appellant] for an extension of time . . . 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) [now OCGA § 5-6-48(c)]. [Cit.] This being so, the trial court was authorized to dismiss [the] appeal." Dampier v. First Bank c. Co., 153 Ga. App. 756, 757 ( 266 S.E.2d 539).
"Failure timely to file the record of proceedings or timely to obtain an extension of time for so doing requires dismissal of the appeal. [Cits.]" Long v. City of Midway, 165 Ga. App. 602, 604 ( 302 S.E.2d 372).
The trial court did not err in dismissing the appeal.
Judgment affirmed. Sognier and Pope, JJ., concur.