Herrington v. Leathers

Court of Appeals of Georgia

Herrington v. Leathers

154 S.E.2d 621, 115 Ga. App. 282, 1967 Ga. App. LEXIS 1084

CourtCourt of Appeals of Georgia

DecidedFebruary 23, 1967

Docket42586

StatusPublished

Cited by1 cases

This text of 154 S.E.2d 621 (Herrington v. Leathers) 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

Herrington v. Leathers, 154 S.E.2d 621, 115 Ga. App. 282, 1967 Ga. App. LEXIS 1084 (Ga. Ct. App. 1967).

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Opinion

Debn, Judge.

The notice of appeal in this case was filed in the trial court on April 7, 1966, and amended October 6 and again October 19. A transcript of the evidence, necessary for consideration of the errors enumerated, was first designated for transmittal in the October 19 amendment, but was not in fact filed until December 13, 1966. This appellant neither applied for nor was granted an extension of time for the filing of the transcript. Regardless, therefore, of which date is accepted as the beginning point for the 30-day period for filing the reporter’s transcript, it is obvious that it was not timely filed. Code Ann. § 6-806. Failure to do so, coupled with failure to obtain an extension of time as provided by Code Ann. § 6-804 must result in dismissal. Davis v. Davis, 222 Ga. 579 (151 SE2d 123).

Appeal dismissed.

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Debn, Judge.

The notice of appeal in this case was filed in the trial court on April 7, 1966, and amended October 6 and again October 19. A transcript of the evidence, necessary for consideration of the errors enumerated, was first designated for transmittal in the October 19 amendment, but was not in fact filed until December 13, 1966. This appellant neither applied for nor was granted an extension of time for the filing of the transcript. Regardless, therefore, of which date is accepted as the beginning point for the 30-day period for filing the reporter’s transcript, it is obvious that it was not timely filed. Code Ann. § 6-806. Failure to do so, coupled with failure to obtain an extension of time as provided by Code Ann. § 6-804 must result in dismissal. Davis v. Davis, 222 Ga. 579 (151 SE2d 123).

Appeal dismissed.

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154 S.E.2d 621, 115 Ga. App. 282, 1967 Ga. App. LEXIS 1084, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herrington-v-leathers-gactapp-1967.

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