Haynes v. Lake City, 51160

• Citation: 220 S.E.2d 33,136 Ga.App. 112
• Decision Date: 30 September 1975
• Docket Number: No. 2,No. 51160,51160,2
• Parties: Geneva R. HAYNES v. CITY OF LAKE CITY
• Court: Georgia Court of Appeals

Page 33

220 S.E.2d 33

136 Ga.App. 112

Geneva R. HAYNES v. CITY OF LAKE CITY.

No. 51160.

Court of Appeals of Georgia, Division No. 2.

Sept. 30, 1975.

Rehearing Denied Oct. 9, 1975.

Leonard Cohen, Jonesboro, for appellant.

Swift, Currie, McGhee & Hiers, G. Michael Hartley, W. Wray Eckl, Atlanta, for appellee.

PANNELL, Presiding Judge.

On November 25, 1974, appellant filed a notice of appeal from a judgment rendered against her in the trial court. On January 8, 1975, the preparation of the record was completed and a bill of costs mailed to appellant's attorney. A pauper's affidavit, executed in Alabama, as to inability to pay the costs dated March 6, 1975, was filed March 13, 1975, in the trial court. Defendant moved to dismiss the appeal in the trial court on March 14, 1975, prior to transmittal of the record to this court. The attorney for appellant in his affidavit disclosed he received the bill for costs on January 9, 1975, and on the same day requested of his client in writing (presumably through the mails) the amount of the court costs and on or about February 14, 1975, appellant called her attorney by telephone and informed him she did not have sufficient founds with which to pay the costs. The attorney prepared a pauper's affidavit which was forwarded to appellant on February 17, 1975 and was returned to her attorney on March 10, 1975, and filed March 13, 1975. The trial judge found from the evidence that no just cause was shown for the delay in either paying the court costs or filing the pauper's affidavit. The present appeal is from the order dismissing the appeal in the court below. Held:

We are bound by the decisions of the Supreme Court sustaining such dismissals in the following cases: George v. American Credit Control, Inc., 222 Ga. 512, 150 S.E.2d 683; Vezzani v. Vezzani, 222 Ga. 853, 153 S.E.2d 161; Mutual Federal Savings & Loan Assn, of Atlanta v. Johnson, 223 Ga. 811, 158 S.E.2d 762; Pippins v. Securities Investment Co. of Atlanta, 223 Ga. 812, 158 S.E.2d 675; Azar v. Baird, 232 Ga. 81, 205 S.E.2d 273. See also, Smith v. Mayor, etc., of Lake City, 125 Ga.App. 772, 189 S.E.2d 104. We therefore, in accordance with these decisions, affirm the trial court's actions in dismissing the appeal because of the delay in transmitting the record to this court. We are bound by these decisions rrespective of the decision of this court in Denson v. State, 134 Ga.App. 876, 216 S.E.2d 606 in which a similar motion to dismiss on similar grounds...