Winn v. Powell

Supreme Court of Georgia

Winn v. Powell

154 S.E.2d 233, 223 Ga. 257, 1967 Ga. LEXIS 486

CourtSupreme Court of Georgia

DecidedMarch 23, 1967

Docket23996

StatusPublished

Cited by1 cases

This text of 154 S.E.2d 233 (Winn v. Powell) 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.

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Winn v. Powell, 154 S.E.2d 233, 223 Ga. 257, 1967 Ga. LEXIS 486 (Ga. 1967).

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Opinion

Duckworth, Chief Justice.

The notice of appeal was filed in this case on September 14, 1966, stating that the “transcript of evidence and proceedings will be filed for inclusion in the record on appeal.” The case reached this court February 17, 1967, some 156 days later, and it now contains a copy [258]*258of a letter to the trial judge, received by him December 27, 1966, stating that appellant’s attorney had “anticipated that a transcript of prior proceedings was available,” but finding that no transcript was taken, the record might be forwarded to the appellate court. The record contains no extension of time for the filing of a transcript as contemplated by the Appellate Practice Act (Ga. L. 1965, pp. 18, 21; Code Ann. § 6-804) and apparently no delay was necessary since there was no such transcript. The order appealed from does not even intimate that a hearing of evidence occurred, but the final judgment overruled and denied a motion to set aside a judgment after “hearing argument” and “upon consideration of the record.” The case was not filed in time nor is the delay tolled by operation of law; hence it is a stale appeal caused by the laches of the appellant. For the reasons heretofore stated in George v. American Credit Control, Inc., 222 Ga. 512 (150 SE2d 683), it is accordingly dismissed.

Submitted March 14, 1967 — Decided March 23, 1967. John R. McCannon, George E. Glaze, for appellants. William V. George, Hutchison ■& Kilpatrick, Lee Hutchison, for appellee.

Appeal dismissed.

All the Justices concur.

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Duckworth, Chief Justice.

The notice of appeal was filed in this case on September 14, 1966, stating that the “transcript of evidence and proceedings will be filed for inclusion in the record on appeal.” The case reached this court February 17, 1967, some 156 days later, and it now contains a copy [258]*258of a letter to the trial judge, received by him December 27, 1966, stating that appellant’s attorney had “anticipated that a transcript of prior proceedings was available,” but finding that no transcript was taken, the record might be forwarded to the appellate court. The record contains no extension of time for the filing of a transcript as contemplated by the Appellate Practice Act (Ga. L. 1965, pp. 18, 21; Code Ann. § 6-804) and apparently no delay was necessary since there was no such transcript. The order appealed from does not even intimate that a hearing of evidence occurred, but the final judgment overruled and denied a motion to set aside a judgment after “hearing argument” and “upon consideration of the record.” The case was not filed in time nor is the delay tolled by operation of law; hence it is a stale appeal caused by the laches of the appellant. For the reasons heretofore stated in George v. American Credit Control, Inc., 222 Ga. 512 (150 SE2d 683), it is accordingly dismissed.

Submitted March 14, 1967 — Decided March 23, 1967. John R. McCannon, George E. Glaze, for appellants. William V. George, Hutchison ■& Kilpatrick, Lee Hutchison, for appellee.

Appeal dismissed.

All the Justices concur.

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154 S.E.2d 233, 223 Ga. 257, 1967 Ga. LEXIS 486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winn-v-powell-ga-1967.

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