American Nat. Property & Cas. Co. v. Potts
| Decision Date | 18 April 2000 |
| Docket Number | No. A00A0085.,A00A0085. |
| Citation | 243 Ga. App. 645,534 S.E.2d 123 |
| Parties | AMERICAN NATIONAL PROPERTY & CASUALTY COMPANY v. POTTS et al. |
| Court | Georgia Court of Appeals |
534 S.E.2d 123
243 Ga. App. 645
v.
POTTS et al
No. A00A0085.
Court of Appeals of Georgia.
April 18, 2000.
Davis & Kreitzer, Steven W. Kreitzer, Rossville, for appellant.
BLACKBURN, Presiding Judge.
American National Property & Casualty Company appeals the dismissal of its action to determine insurance coverage under a policy issued to Gerald and Brenda Taylor. The trial court dismissed the case for an unreasonable delay in paying costs for the preparation and transmission of a transcript pursuant to OCGA § 5-6-48(c). For the reasons set forth below, we affirm the dismissal.
OCGA § 5-6-48(c) provides that a transcript must be filed within 30 days after the filing of a notice of appeal unless an extension of time is requested as provided by OCGA § 5-6-39. The trial court may, after notice and hearing, order an appeal dismissed for a party's failure to file a transcript on time only if the delay was (1) unreasonable, (2) [243 Ga. App. 646] inexcusable, and (3) caused by such party. OCGA § 5-6-48; Sellers v. Nodvin, 262 Ga. 205, 415 S.E.2d 908 (1992). "In reviewing a finding of unreasonable and inexcusable delay in filing a transcript, this court will not disturb the lower court's finding absent an abuse of discretion." (Citations and punctuation omitted.) Hall v. Bussey, 200 Ga.App. 311, 408 S.E.2d 430 (1991).
Kendall v. Burke, 237 Ga.App. 742, 516 S.E.2d 791 (1999).
The record shows that, on March 4, 1999, American National filed a notice of appeal regarding a finding by the trial court that an insurance policy issued to the Taylors extended certain coverage to them. Through its attorney, Steven Kreitzer, American National received notice from the Superior Court of Whitfield County that it owed appeal costs in the amount of
To continue reading
Request your trial
-
Callaway v. Garner, A16A1513
...542 (punctuation omitted); accord Pistacchio v. Frasso, 314 Ga.App. 119, 121, 723 S.E.2d 322 (2012) ; Am. Nat. Prop. & Cas. Co. v. Potts, 243 Ga.App. 645, 646, 534 S.E.2d 123 (2000) ; see Propst, 288 Ga. at 863, 708 S.E.2d 291 ("OCGA § 5–6–48(c) requires the trial court to determine the len......
-
SDM Invs. Grp., LLC v. HBN Media, Inc.
...860 (1), 768 S.E.2d 542 ; accord Pistacchio v. Frasso, 314 Ga. App. 119, 121, 723 S.E.2d 322 (2012) ; Am. Nat. Prop. & Cas. Co. v. Potts , 243 Ga. App. 645, 646, 534 S.E.2d 123 (2000) ; see Sellers v. Nodvin , 262 Ga. 205, 206 (1) (b), 415 S.E.2d 908 (1992) ("The threshold question whether ......
-
Premier Pediatric Providers, LLC v. Kennesaw Pediatrics, P.C.
...where appeal "could have conceivably been docketed during" an earlier term of court); American Nat. Property & Cas. Co. v. Potts , 243 Ga. App. 645, 646-647, 534 S.E.2d 123 (2000) (month-and-a-half delay in paying for transcript was considered unreasonable where it prevented docketing and p......
-
Carbonara v. Fortress Grp., Inc.
...of Fortress's appeal by at least two terms of this Court and was, therefore, unreasonable.4 See American Nat. Property & Cas. Co. v. Potts , 243 Ga. App. 645, 646-647, 534 S.E.2d 123 (2000) (month-and-a-half delay in paying for transcript unreasonable where it prevented placement of case on......