Abel v. JH HARVEY COMPANY, INC.

Deen, Judge.

In this personal injury action the trial court granted the defendant’s motion for summary judgment on November 23, 1971. A notice of appeal was filed December 22, 1971, which stated: "Transcript of evidence and proceedings will be filed for inclusion in the record on appeal.” The appeal was docketed in this court on February 18, 1972, 38 days beyond the time allowed under Code Ann. § 6-808, which resulted in its being put on a later calendar call in this court than would have eventuated if it had been timely filed. The delay as stated in the certificate of the clerk was due to the…