McCorvey Development, Inc. v. D. G. Jenkins Development Corp.

Ellington, Judge.

On July 10, 2002, McCorvey Development, Inc. filed a notice of appeal from a Gwinnett Superior Court judgment in favor of D. G. Jenkins Development Corporation in this contract action. The clerk of court mailed McCorvey’s counsel a bill of costs, which counsel received on July 15, 2002. On September 6, 2002, 53 days later, the trial court dismissed sua sponte McCorvey’s notice of appeal for failure to pay costs and failure to request an extension of time to pay costs. McCorvey appeals from this dismissal, contending the trial court erred in dismissing the notice of appeal…