(Download) "Cook v. Mcnamee" by Court of Appeals of Georgia " eBook PDF Kindle ePub Free
eBook details
- Title: Cook v. Mcnamee
- Author : Court of Appeals of Georgia
- Release Date : January 05, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
The trial court granted defendants Debbie McNamee's and J. D. Ray's, d/b/a D. J.'s One Stop, motion to dismiss plaintiff William T. Cook's appeal based upon plaintiff's failure to file a transcript in a timely manner pursuant to OCGA § 5-6-48 (c). The sparse filings designated for inclusion in the record on appeal in the case sub judice do not elucidate all facts essential for consideration of this appeal. We, therefore, presume that the trial court's dismissal order is supported by those parts of the record not designated for inclusion in the record on appeal, Smallwood v. Mulkey, 198 Ga. App. 496 (402 S.E.2d 99), and accept the trial court's findings that plaintiff's original notice of appeal (which was dismissed) was filed on August 3, 1994; that plaintiff was granted a 90-day extension to file a transcript for inclusion in the record in this appeal on October 13, 1994; that this extension expired (with no request by plaintiff for renewal) on January 11, 1995, and that plaintiff cancelled his order for a transcript in January 1995 because of a dispute with the court reporter over the cost of the transcript. The trial court observed that this dispute arose after the court reporter informed plaintiff that the transcript would cost over $600 more than the court reporter had originally estimated in October 1994; that ""the transcript was in rough-draft form at the time Plaintiff cancelled the order, and [that the transcript] could have been completed in final form sometime in January [1995 had plaintiff not cancelled his order for a transcript in January 1995]."" The trial court found that plaintiff contacted the court reporter on February 22, 1995; that plaintiff then discovered that the cost of a transcript could be reduced by excluding all but four exhibits from the transcript and that, after doing so, plaintiff entered into a contract with the court reporter for completion of the trial transcript. The trial court determined that, ""by the time the transcript was re-ordered by Plaintiff on February 22, 1995, the court reporter was involved in two death penalty cases, and was unable to immediately return to work on Plaintiff's transcript, which remained in rough-draft form as of May 8, 1995, the day before the filing of this motion.""
 "Cook v. Mcnamee" by Court of Appeals of Georgia " eBook PDF Kindle ePub Free){kind=link}