Smith v. Simpson

Judge Harold R. Banke.

Ulysses Smith, Spencer Driskell, and Tonecia Catchings, who filed the underlying negligence action against Alvin Simpson and Nataki Suda, contest the dismissal of their appeal pursuant to OCGA § 5-6-48 (c). After the jury rendered a defense verdict, the appellants filed a timely notice of appeal on July 8, 1996. When no transcript was filed by December 12, 1996, Simpson and Suda successfully moved to dismiss. Appellants then filed a second notice of appeal assigning the dismissal as error. Held:

The trial court did not abuse its discretion in dismissing this appeal.…