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Bouldin v. Contran Corp.
Citations: 173 Ga. App. 823; 328 S.E.2d 424; 1985 Ga. App. LEXIS 1699Docket: 69035
Court: Court of Appeals of Georgia; March 13, 1985; Georgia; State Appellate Court
On December 9, 1983, the plaintiff filed a notice of appeal regarding a trial court order from December 8, 1983, indicating that a transcript from the proceedings on December 7, 1983, would be submitted for the appeal record. The defendant moved to dismiss the appeal on February 1, 1984, citing an unreasonable delay in filing the transcript as per OCGA 5-6-48 (c). The trial court granted this motion on February 10, 1984, determining that the delay was both unreasonable and inexcusable, and the plaintiff did not seek an extension for filing the transcript. Subsequently, on February 17, 1984, the plaintiff appealed the trial court's dismissal order. However, the appellate court noted that the plaintiff's brief did not challenge the dismissal itself and lacked any argument or legal citation indicating an error in the trial court's decision. Consequently, the appellate court found no abuse of discretion in the dismissal and deemed the plaintiff's claims moot. The judgment was affirmed, with Judges Deen and Sognier concurring.