Edwards v. Everett

Carley, Judge.

Appellant-defendant filed a notice of appeal which included the following statement: “The transcript of evidence and proceedings has been ordered and will be filed for inclusion in the record on appeal.” The trial court subsequently dismissed the appeal, appellant “having not filed a transcript nor having requested an extension of time in which to file said transcript. . . .” Appellant appeals from the order dismissing her original notice of appeal.

1. “ ‘Failure of the appellant to request an extension for the filing of the transcript is not in itself a ground for dismissal of…