Gilland v. Leathers

Shulman, Judge.

In an appeal to this court, appellant failed to cause to be filed on time a transcript of the evidence and proceedings. Some two weeks past the deadline, appellee moved in the trial court to dismiss the appeal. The trial court denied the motion to dismiss and granted an extension of time of approximately two months for the filing of the transcript. Appellant appeals to this court. Held:

Code Ann. § 6-809 (b) governs dismissal of appeals for failure to cause the transcript to be filed and grants discretion to the trial court on the question of ordering the dismissal if it is…