Gibson Products Co. of Albany, Inc. v. Addison

Jordan, Presiding Judge.

Gibson Products Company, Inc., the defendant in a tort action for false arrest and malicious prosecution, filed a timely notice of appeal from an adverse judgment, specifying for inclusion with the appeal a transcript of the evidence and proceedings. After obtaining repeated extensions of time to file the transcript, and being unable to agree with the plaintiff on a narrative statement, the trial judge in the meantime having died, the time in which the defendant could perfect this appeal expired. The defend ant then filed an extraordinary motion for new trial, relying…