Wicker v. Harrison

Banke, Chief Judge.

The trial court dismissed this action on January 25, 1984, based *69on a finding that the appellant had not exercised due diligence to perfect service of the complaint prior to the expiration of the applicable statute of limitation. On February 24, 1984, the appellant filed a notice of appeal to this court from that order. On July 2, 1984, the appellee moved to dismiss the appeal based on an alleged delay in the transmittal of the record occasioned by the appellant’s failure to pay costs in a timely manner. See generally OCGA § 5-6-48 (c). The appellant then filed a motion on…