Teston v. Mills, A91A1914
| Decision Date | 20 February 1992 |
| Docket Number | No. A91A1914,A91A1914 |
| Citation | 203 Ga.App. 20,416 S.E.2d 133 |
| Parties | TESTON v. MILLS. |
| Court | Georgia Court of Appeals |
Grady K. Reddick, Sylvania, for appellant.
Hunter & Hunter, Harry H. Hunter, Sylvania, for appellee.
This appeal arises from the trial court's dismissal of appellant's timely filed notice of appeal.
Appellant brought an action against appellee for amounts allegedly due under a joint venture agreement. The trial court granted summary judgment to appellee, and appellant timely filed a notice of appeal. In his notice of appeal, appellant stated the following: "There is a transcript of evidence to be filed for inclusion in the record on appeal." Approximately three months later, appellee filed a motion to dismiss the notice of appeal on the grounds that appellant had made no effort to cause the clerk to prepare the record and that the notice of appeal was filed solely for the purpose of delay. The Clerk of the Superior Court in the county where the action was pending filed an affidavit in which she stated that no appeal costs had been paid, that no transcript of evidence had been filed in the case and that she had delayed transmitting the appeal to the Court of Appeals because she was awaiting the filing of a transcript of evidence as specified in appellant's notice of appeal. In its order dismissing appellant's appeal, the trial court found that no transcript existed and that the appeal had been delayed three months because of appellant's designation of the transcript as part of the record to be transmitted to the Court of Appeals. The trial court further found that appellant's attorney had made no effort to expedite the appeal since filing the notice of appeal.
" 'OCGA § 5-6-42 provides that a transcript must be filed within 30 days after the filing of the notice of appeal unless the time is extended as provided by OCGA § 5-6-39. OCGA § 5-6-48 provides that the trial court may, after notice and hearing, order an appeal dismissed for a party's failure to timely file a transcript if the delay was 1) unreasonable, 2) inexcusable, and 3) caused by such party.' [Cit.] [Cit.]" Hall v. Bussey, 200 Ga.App. 311, 408 S.E.2d 430 (1991). The trial court found that the appeal was delayed because of appellant's designation of the transcript to be included...
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Callaway v. Garner, A16A1513
...that the court considered those factors in concluding that the dismissal of the appellants' appeal was proper.").14 203 Ga.App. 20, 416 S.E.2d 133 (1992).15 See id. at 20, 416 S.E.2d 133. We note that Georgia courts have repeatedly affirmed dismissal orders that were issued due to the appel......
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CENTRAL OF GEORGIA RR v. DEC ASSOC.
...upon a finding of abuse of discretion. Patterson v. Professional Resources, 242 Ga. 459, 249 S.E.2d 248 (1978); Teston v. Mills, 203 Ga.App. 20, 416 S.E.2d 133 (1992). The trial court did not abuse its discretion in denying the motion to dismiss the appeal. Baker v. Southern R. Co., 260 Ga.......
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S & S Food Services, Inc. v. Department of Transp.
...court will not disturb the lower court's finding absent an abuse of discretion." (Citations and punctuation omitted.) Teston v. Mills, 203 Ga.App. 20, 416 S.E.2d 133 (1992); Ballenger Corp. v. Dresco Mechanical Contractors, 156 Ga.App. 425, 274 S.E.2d 786 (1980); Hunt v. Lee, 190 Ga.App. 40......
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HTTP Hypothermia Therapy v. Kimberly-Clark Corp.
...747 (2011) ; see also S & S Food Svcs., Inc. v. Dep't of Transp., 222 Ga.App. 579, 581(3), 475 S.E.2d 197 (1996) ; Teston v. Mills, 203 Ga.App. 20, 20, 416 S.E.2d 133 (1992).4 The record on appeal includes over 10,000 pages contained within 45 volumes.5 In re T.H., 311 Ga.App. 641, 643, 716......