LONG v. CITY OF MIDWAY

39770.

251 Ga. 364 (1983)

306 S.E.2d 639

LONG v. CITY OF MIDWAY et al.

Supreme Court of Georgia.

Decided September 7, 1983.


Attorney(s) appearing for the Case

A. G. Wells, Jr., for appellant.

James B. Franklin, J. Sidney Flowers, for appellees.


CLARKE, Justice.

The issue on certiorari is whether the trial court abused its discretion in failing to dismiss an appeal when the record was not transmitted to the appellate court for two years following the filing of the notice of appeal. The trial court found the delay to be the fault of the clerk of the superior court and refused to grant appellees' motion to dismiss. The Court of Appeals reversed, finding that under OCGA § 5-6-42 (Code Ann. § 6-806...

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