Legal Opinion

Baker v. Southern Railway Co.

Supreme Court of Georgia

Decided April 20, 1990No. S89G0462PublishedCited by 46 opinions

1Opinion of the Court

Clarke, Chief Justice.

We granted certiorari in this case to decide whether the trial' court was authorized to dismiss the appeal under OCGA § 5-6-48 (c) because of failure to timely file a transcript. 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.

O…

2Cases cited4 opinions

  1. Wagner v. HowellSupreme Court of Georgia · 1988
  2. Glen Restaurants, Inc. v. Building 5 Associates, Ltd.Court of Appeals of Georgia · 1988
  3. Hatfield v. Great American Management & Investment, Inc.Court of Appeals of Georgia · 1989
  4. Baker v. SOUTHERN RAILWAY COMPANYCourt of Appeals of Georgia · 1989

3Cited by46 opinions

  1. Sellers v. NodvinSupreme Court of Georgia · 1992
  2. Crocker v. StevensCourt of Appeals of Georgia · 1993
  3. Jackson v. BEECH AIRCRAFT CORPORATIONCourt of Appeals of Georgia · 1994
  4. Jackson v. Beech Aircraft Corp.Court of Appeals of Georgia · 1995
  5. Rose v. Kennesaw House, Inc.Court of Appeals of Georgia · 1992

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