Llano v. DeKalb County

Banke, Chief Judge.

This is an appeal from a judgment entered on a jury verdict in favor of the appellee-condemnor in a condemnation case. Held:

1. The appellee’s motion to dismiss the appeal based on a delay in filing, the transcript is denied. Failure of the appellant to cause the transcript to be filed in accordance with the time limitations set forth in OCGA § 5-6-42 is not itself a ground for dismissal of the appeal, absent a judicial determination that the resulting delay was both unreasonable and inexcusable. See OCGA § 5-6-58; Young v. Jones, 147 Ga. App. 65 (1) (248 SE2d 49) (1978).

2.…