McCORVEY DEVELOPMENT v. DG JENKINS DEV., A03A0620.
Decision Date | 13 March 2003 |
Docket Number | No. A03A0620.,A03A0620. |
Citation | 581 S.E.2d 308,260 Ga. App. 276 |
Parties | McCORVEY DEVELOPMENT, INC. v. D.G. JENKINS DEVELOPMENT CORPORATION. |
Court | Georgia Court of Appeals |
OPINION TEXT STARTS HERE
Neil A. Moskowitz, Atlanta, for appellant.
Webb, Tanner & Powell, Matthew P. Benson, Steven A. Pickens, Lawrenceville, for appellee.
On July 10, 2002, McCorvey Development, Inc. filed a notice of appeal from a Gwinnett Superior Court judgment in favor of D.J. Jenkins Development Corporation in this contract action. The clerk of court mailed McCorvey's counsel a bill of costs, which counsel received on July 15, 2002. On September 6, 2002, 53 days later, the trial court dismissed sua sponte McCorvey's notice of appeal for failure to pay costs and failure to request an extension of time to pay costs. McCorvey appeals from this dismissal, contending the trial court erred in dismissing the notice of appeal without conducting a hearing to determine whether the delay in paying costs was inexcusable and that whether such failure unreasonably delayed the transmission of the record to this Court. McCorvey also cites as error the trial court's failure to make specific findings on this issue. Because we find McCorvey was entitled to a hearing and findings on this issue, we reverse and remand this case to the trial court with direction.
See also Holy Fellowship Church of God in Christ v. First Community Bank of Henry County, 242 Ga.App. 400, 403, 530 S.E.2d 24 (2000) ( ); Baker v. Southern R. Co., 260 Ga. 115, 116, 390 S.E.2d 576 (1990) ( ); Wagner v. Howell, 257 Ga. 801-802, 363 S.E.2d 759 (1988) ( ).
The appellee in this case correctly argues that this Court has previously found that a delay of more than 30 days in paying costs is prima facie unreasonable and inexcusable. (Citation omitted.) See Bouldin v. Parker, 173 Ga.App. 526, 527, 327 S.E.2d 760 (1985). See also Jones v. State, 123 Ga.App. 672, 182 S.E.2d 190 (1971) ( ). Even so, such a delay is not conclusively unreasonable or...
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