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Calloway v. State
Citations: 166 S.E.2d 613; 119 Ga. App. 194; 1969 Ga. App. LEXIS 1039Docket: 44273
Court: Court of Appeals of Georgia; February 12, 1969; Georgia; State Appellate Court
The Court of Appeals of Georgia dismissed the appeal in Calloway v. The State due to a failure to comply with the mandatory requirements of the Appellate Practice Act of 1965 regarding the timely filing of the transcript of evidence. The notice of appeal was filed on July 24, 1968, and an order granted an extension for filing the appeal by an additional 30 days. However, the transcript was not filed within this extended timeframe, and no further extensions were requested. The transcript was ultimately filed on December 2, 1968, which was deemed too late. The court emphasized that compliance with the filing deadline is mandatory and that previous case law supports the dismissal of appeals for failure to adhere to these timelines. Although the 1968 amendments to the Appellate Practice Act aimed to provide leniency in certain circumstances, the Supreme Court of Georgia maintained that the requirement for timely filing remains strict, asserting its authority to dismiss appeals regardless of legislative amendments suggesting otherwise. Judge Hall concurred specially, noting that the dismissal based on a technicality could be seen as a denial of due process, yet acknowledged the court's obligation to follow the Supreme Court's precedent. The decision underscores the importance of adhering to procedural timelines in the appellate process.