Home/Supreme Court of Georgia/Threatt v. McElreath

Threatt v. McElreath

154 S.E.2d 20, 223 Ga. 153, 1967 Ga. LEXIS 452
CourtSupreme Court of Georgia
DecidedFebruary 23, 1967
Docket23955
StatusPublished
Cited by16 cases

This text of 154 S.E.2d 20 (Threatt v. McElreath) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Threatt v. McElreath, 154 S.E.2d 20, 223 Ga. 153, 1967 Ga. LEXIS 452 (Ga. 1967).

Opinion

Undbrcofler, Justice.

Appellee filed a motion to dismiss the appeal in this case for the reason that the transcript of evidence was not filed within the time prescribed by law. The record shows that on May 19, 1966, a judgment was entered in the trial court and on June 15, 1966, a notice of appeal was duly filed therein; that the transcript of evidence was filed on January 11, 1967, and that no application had been made for an extension of time for the filing of the transcript of evidence. The trial judge entered an order on January 13, 1967, which stated that, “through no fault of the appellant, the court reporter did not complete the transcript of the evidence in this case until 11 January, 1967” and that the appellant was excused from the delay occasioned by the court reporter. Held:

Under the provisions of the Appellate Practice Act of 1965, pp. 18, 21 (Code Ann. § 6-804), the appellant in this case could have applied to any judge of the trial court for an extension of time for filing the transcript of the evidence (re *154 quired to be filed within 30 days by § 11 of the Act of 1965, pp. 18, 26; Code Ann. § 6-806). Code Ann. § 6-804 also provides that “any application ... for an extension must be made before expiration of the period for filing as originally prescribed.” The record in this case conclusively shows that no request for an extension of time was made before the expiration of the period for filing such transcript of evidence and accordingly the trial judge had no authority to excuse the appellant for his failure to follow the mandatory provisions of this Code section. Therefore the appeal must be dismissed. Davis v. Davis, 222 Ga. 579 (151 SE2d 123).

Argued February 15, 1967 — Decided February 23, 1967. Stephens Mitchell, Alford Wall, for appellant. Hansell, Post, Brandon & Dorsey, W. Bhett Tanner, Gary W. Hatch, for appellee.

Appeal dismissed.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Gilmore v. State
193 S.E.2d 219 (Court of Appeals of Georgia, 1972)
Baxter v. Long
177 S.E.2d 712 (Court of Appeals of Georgia, 1970)
Stevens v. Clayton County
175 S.E.2d 831 (Supreme Court of Georgia, 1970)
Colonial Stores, Inc. v. South Carolina Tax Commission
168 S.E.2d 774 (Supreme Court of South Carolina, 1969)
Calloway v. State
166 S.E.2d 613 (Court of Appeals of Georgia, 1969)
MARTIN THEATRES OF GEORGIA, INC. v. Lloyd
165 S.E.2d 909 (Court of Appeals of Georgia, 1968)
Strickland v. Staten
157 S.E.2d 740 (Supreme Court of Georgia, 1967)
Johnson v. State
157 S.E.2d 773 (Court of Appeals of Georgia, 1967)
State Highway Department v. Thomason
157 S.E.2d 503 (Court of Appeals of Georgia, 1967)
Cook v. State
157 S.E.2d 160 (Court of Appeals of Georgia, 1967)
Culver v. Sisk
156 S.E.2d 352 (Supreme Court of Georgia, 1967)
Wilcox v. Wilcox
156 S.E.2d 84 (Supreme Court of Georgia, 1967)
Puckett v. Edmonds
156 S.E.2d 151 (Court of Appeals of Georgia, 1967)
Joiner v. State
155 S.E.2d 8 (Supreme Court of Georgia, 1967)
Fleming v. Sanders
154 S.E.2d 14 (Supreme Court of Georgia, 1967)

Cite This Page — Counsel Stack

Bluebook (online)
154 S.E.2d 20, 223 Ga. 153, 1967 Ga. LEXIS 452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/threatt-v-mcelreath-ga-1967.