Ovestco Corp. v. Bowen

On October 4, 1993, the trial court granted summary judgment to all of the defendants. A notice of appeal was timely filed by plaintiffs on November 1, and they paid the court costs on November 5. A motion to dismiss the appeal under OCGA § 5-6-48 (c) was filed by defendants on February 2, 1994, and it was granted on March 24. Between the filing of the motion and the trial court’s action on it, the plaintiffs caused the record to be transmitted to this court by advising the clerk that “there is no transcript of evidence” and instructing that the appeal be transmitted “as soon as possible.”…