Legal Opinion
Mitchell v. 3280 PEACHTREE 1, LLC
Supreme Court of Georgia
Decided June 1, 2009No. S09A0110PublishedCited by 9 opinions
1Opinion of the Court
SEARS, Chief Justice.
The appellant, Thomas Mitchell, is appealing from the trial court’s dismissal of his appeal under OCGA § 5-6-48 (c) for delay in transmitting the record to this Court. For the reasons that follow, we affirm.
1. Mitchell contends the trial court erred in failing to hold an oral hearing on the appellees’ motion to dismiss Mitchell’s appeal. To dismiss an appeal under OCGA § 5-6-48 (c), a trial court must give the party opposing the motion “notice and an opportunity for a hearing.” This requirement, however, is satisfied if the party is given an opportunity to respond on the…
2Cases cited10 opinions
- Spencer v. StateSupreme Court of Georgia · 1990
- Nix v. Long Mountain Resources, Inc.Supreme Court of Georgia · 1992
- Kelly v. Dawson CountySupreme Court of Georgia · 2007
- D'ZESATI v. PooleCourt of Appeals of Georgia · 1985
- Department of Transportation v. Southeast Timberlands, Inc.Court of Appeals of Georgia · 2003
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Haygood v. HeadCourt of Appeals of Georgia · 2010
- Gruner v. ThackerCourt of Appeals of Georgia · 2013
- Grant v. KOOBYCourt of Appeals of Georgia · 2011
- CALLAWAY Et Al. v. GARNER Et Al.Court of Appeals of Georgia · 2017
- SMITH Et Al. v. MITCHELL COUNTYCourt of Appeals of Georgia · 2015
4 more not listed; retrieve them via the Exa API.