Grant v. KOOBY
310 Ga. App. 483
| Ga. Ct. App. | 2011Background
- Grant appeals the trial court's summary judgment for Kooby and Emory Healthcare, Inc. on Grant's medical-malpractice claim in Case No. A11A0237.
- Kooby and EHI appeal the trial court's denial of their motion to dismiss Grant's appeal for failure to timely pay the bill of costs in Case No. A11A0335.
- The trial court denied the motion to dismiss without explicit findings of fact on delay, reasons, responsibility, and excusability under OCGA § 5-6-48(c).
- This Court vacates and remands Case No. A11A0335 for proper findings of fact and dismisses Case No. A11A0237.
- On remand, if the trial court determines the appeal should be allowed, Grant shall have 30 days to appeal issues in Case No. A11A0237.
- Propst v. Morgan and related Georgia authority govern the required analysis for dismissal for delay in paying costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by denying dismissal for delay without Propst analysis | Kooby/EHI | Grant | Remanded for proper Propst analysis; dismissal ruling vacated |
| Whether the court properly applied OCGA § 5-6-48(c) requirements | Kooby/EHI | Grant | Findings of length, reasonableness, responsibility, and excusability required; remand with findings |
| Whether a hearing is required before dismissal for delay | Kooby/EHI | Grant | Hearing not mandatory; opportunity to respond on the record suffices; remand |
| Effect on Case No. A11A0237 pending remand | Kooby/EHI | Grant | Case A11A0237 dismissed unless remand allows the appeal to proceed |
Key Cases Cited
- Propst v. Morgan, 288 Ga. 862 (Ga. 2011) (requires analysis of delay length, reasons, responsibility, and excusability before dismissing an appeal)
- Rogers v. Norris, 262 Ga. App. 857 (Ga. App. 2003) (needs findings of fact to vest discretion to dismiss)
- Crenshaw v. Ga. Underwriting Ass'n, 202 Ga. App. 610 (Ga. App. 1992) (discretionary review requires findings on delay issues)
- Mitchell v. 3280 Peachtree 1, LLC, 285 Ga. 576 (Ga. 2009) (findings of fact may be sufficient to vest discretion to dismiss)
- McCorvey Dev., Inc. v. D.G. Jenkins Dev. Corp., 260 Ga. App. 276 (Ga. App. 2003) (context on hearing and records in dismissal context)