Legal Opinion

ITT Industrial Credit Co. v. Burnham

Court of Appeals of Georgia

Decided November 16, 1979No. 58516PublishedCited by 10 opinions

1Opinion of the Court

Shulman, Judge.

Defendant’s motion to dismiss plaintiff’s appeal was granted on the grounds that a trial transcript had not been filed within the 20-day limit of Code Ann. § 6-808. We affirm.

1. It is undisputed that because plaintiff failed to timely pay court costs, his trial transcript was filed three days late. When a transcript is not timely filed, it is within the authority of the trial court to dismiss an appeal for delay (Code Ann. § 6-809 (b)) if the court finds that such delay was both unreasonable and inexcusable. ITT Indus. Credit Co. v. Carpet Factory, Inc., 140 Ga. App. 204 (230…

2Cases cited4 opinions

  1. Gilman Paper Company v. JamesSupreme Court of Georgia · 1975
  2. Young v. Climatrol Southeast Distributing Corp.Supreme Court of Georgia · 1976
  3. Pickett v. PaineCourt of Appeals of Georgia · 1976
  4. ITT INDUSTRIAL CREDIT COMPANY v. Carpet Factory, Inc.Court of Appeals of Georgia · 1976

3Cited by10 opinions

  1. McDonald v. Garden Services, Inc.Court of Appeals of Georgia · 1982
  2. Green v. WeaverCourt of Appeals of Georgia · 1982
  3. Central of Georgia Railroad v. DEC Associates, Inc.Court of Appeals of Georgia · 1998
  4. Price v. OrtizCourt of Appeals of Georgia · 1979
  5. Mawhorter v. MawhorterCourt of Appeals of Georgia · 1982

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