Legal Opinion

Dalton v. Vo

Court of Appeals of Georgia

Decided January 28, 1997No. A96A1972PublishedCited by 13 opinions

1Opinion of the Court

Andrews, Chief Judge.

The sole issue raised in this appeal is whether the trial court erred in dismissing Dalton’s notice of appeal for failure to file timely a transcript pursuant to OCGA § 5-6-42. Appellants contend the trial court’s order does not make the requisite findings of fact under Baker v. Southern R. Co., 260 Ga. 115 (390 SE2d 576) (1990), but instead bases its holding that the delay was unreasonable and inexcusable solely on the fact that no motion for extension of time was filed.

OCGA § 5-6-42 provides that a transcript must be filed within 30 days after the filing of a notice of…

2Cases cited5 opinions

  1. Baker v. Southern Railway Co.Supreme Court of Georgia · 1990
  2. Jackson v. BEECH AIRCRAFT CORPORATIONCourt of Appeals of Georgia · 1994
  3. Hall v. BusseyCourt of Appeals of Georgia · 1991
  4. Barmore v. HimebaughCourt of Appeals of Georgia · 1992
  5. Speir v. NicholsonCourt of Appeals of Georgia · 1991

3Cited by13 opinions

  1. Crown Diamond Co. v. N. Y. Diamond Corp.Court of Appeals of Georgia · 2000
  2. Rogers v. NorrisCourt of Appeals of Georgia · 2003
  3. Grant v. KOOBYCourt of Appeals of Georgia · 2011
  4. Postell v. Alfa InsuranceCourt of Appeals of Georgia · 2014
  5. In the Interest of D. M. C.Court of Appeals of Georgia · 1998

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