Carter v. Fulton-DeKalb County Hospital Authority

I concur fully in Divisions 2 and 3 but not in Division 1. As to it, *388I concur in refusing to reverse the trial court’s decision not to dismiss the appeal. It is a matter of discretion, Corbin v. First Nat. Bank, 151 Ga. App. 33, 34 (1) (258 SE2d 697) (1979), and the judge did not commit an error of law in choosing to permit the appeal to proceed. Nor would she have legally erred if she had dismissed the appeal, for in the stated opinions of both the trial court and this court, appellant’s delay was unreasonable and inexcusable. In fact, she found it to be “clearly” so, and further, “that this…