Legal Opinion

ITT INDUSTRIAL CREDIT COMPANY v. Carpet Factory, Inc.

Court of Appeals of Georgia

Decided October 26, 1976No. 52696PublishedCited by 2 opinions

1Opinion of the Court

Bell, Chief Judge.

In dismissing this appeal the trial court found that the delay in transmitting the record to this court was inexcusable but did not make a finding that the delay was unreasonable. The Supreme Court held in Young v. Climatrol &c. Corp., 237 Ga. 53 (226 SE2d 737) that the provision of the Appellate Practice Act authorizing the trial court to dismiss an appeal for delay (Code Ann. § 6-809 (b)), requires that two elements be present: One, that the delay was unreasonable and two, that it was inexcusable. Since no finding of unreasonableness was made, Young controls here and the…

2Cases cited1 opinion

  1. Young v. Climatrol Southeast Distributing Corp.Supreme Court of Georgia · 1976

3Cited by2 opinions

  1. ITT Industrial Credit Co. v. BurnhamCourt of Appeals of Georgia · 1979
  2. ITT Industrial Credit Co. v. Carpet Factory, Inc.Court of Appeals of Georgia · 1977

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