Irby v. Christian

I concur in the judgment of reversal, but I do not agree with or concur in the language in Headnote 2(b). There it is held that: "An appeal shall not be dismissed where the record discloses that the appellant did not cause the failure of the court reporter to file the transcript of evidence within the time provided by law or order of the court.” The appellate court has the right and duty to dismiss a stale appeal, even though the matter was not dealt with in the lower court as suggested by the amendment of 1968 (Ga. L. 1968, p. 1072; Code Ann. § 6-809 (b)). That Act sought to place the duty…