Devins v. Leafmore Forest Condominium Ass'n of Owners

Court of Appeals of Georgia

Devins v. Leafmore Forest Condominium Ass'n of Owners

446 S.E.2d 531, 213 Ga. App. 823, 1994 Ga. App. LEXIS 741

CourtCourt of Appeals of Georgia

DecidedJuly 12, 1994

DocketA94A0832

StatusPublished

Cited by2 cases

This text of 446 S.E.2d 531 (Devins v. Leafmore Forest Condominium Ass'n of Owners) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Devins v. Leafmore Forest Condominium Ass'n of Owners, 446 S.E.2d 531, 213 Ga. App. 823, 1994 Ga. App. LEXIS 741 (Ga. Ct. App. 1994).

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Opinion

Judge Harold R. Banke.

On April 21, 1993, the appellant filed a notice of appeal from the grant of summary judgment for the appellee in this declaratory judgment action commenced by the appellant. On October 13, 1993, after finding that there had been an unreasonable delay in the filing of the transcript and that the appellant was guilty of laches in failing to monitor the progress of the appeal or to take appropriate steps to cause it to be docketed, the trial court dismissed the appeal. That order of dismissal is now appealed.

The record shows that transmittal of the record to this court was delayed because the appellant’s notice of appeal mistakenly designated that a nonexistent transcript would be included as part of the record, and that the appellant made no effort to expedite the appeal. Under these circumstances, the trial court did not abuse its discretion in dismissing the appellant’s notice of appeal. Johnston v. Ga. Pub. Svc. Comm., 209 Ga. App. 224 (433 SE2d 65) (1993); Teston v. Mills, 203 Ga. App. 20 (416 SE2d 133) (1992).

Judgment affirmed.

Birdsong, P. J., and Blackburn, J., concur. Simmons, Warren & Szczecko, William C. McFee, Jr., for appellee.

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Judge Harold R. Banke.

On April 21, 1993, the appellant filed a notice of appeal from the grant of summary judgment for the appellee in this declaratory judgment action commenced by the appellant. On October 13, 1993, after finding that there had been an unreasonable delay in the filing of the transcript and that the appellant was guilty of laches in failing to monitor the progress of the appeal or to take appropriate steps to cause it to be docketed, the trial court dismissed the appeal. That order of dismissal is now appealed.

The record shows that transmittal of the record to this court was delayed because the appellant’s notice of appeal mistakenly designated that a nonexistent transcript would be included as part of the record, and that the appellant made no effort to expedite the appeal. Under these circumstances, the trial court did not abuse its discretion in dismissing the appellant’s notice of appeal. Johnston v. Ga. Pub. Svc. Comm., 209 Ga. App. 224 (433 SE2d 65) (1993); Teston v. Mills, 203 Ga. App. 20 (416 SE2d 133) (1992).

Judgment affirmed.

Birdsong, P. J., and Blackburn, J., concur. Simmons, Warren & Szczecko, William C. McFee, Jr., for appellee.

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446 S.E.2d 531, 213 Ga. App. 823, 1994 Ga. App. LEXIS 741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/devins-v-leafmore-forest-condominium-assn-of-owners-gactapp-1994.

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