Gruner v. Thacker
320 Ga. App. 146
| Ga. Ct. App. | 2013Background
- Gruner, acting pro se, sued Thacker and others after her arrest at a roadblock; Thacker moved for summary judgment, which was granted.
- Gruner appealed; trial court dismissed the appeal as to dismissal/record issues, and Gruner timely filed a notice of appeal.
- Gruner sought to proceed in forma pauperis; trial court denied this without a hearing, then later she resubmitted indigence materials.
- Gruner attempted to prepare a record appendix; the court clerk notified costs and procedures but corrections were required for compliance with appellate rules.
- Court ultimately vacated the trial court’s dismissal and pauper-denial orders and remanded for a hearing on indigence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the dismissal of the appeal for delay required explicit factual findings | Gruner | Thacker | Remanded for proper findings; dismissal vacated |
| Whether the denial of pauper status without a hearing was proper | Gruner | Thacker | Remanded for an evidentiary indigence hearing |
| Whether a hearing is required on reconsideration of the motion to dismiss the appeal | Gruner | Thacker | Not required; record-based response suffices |
| Whether remaining enumerations are moot given remand | Gruner | Thacker | Moot; issues addressed only as needed on remand |
Key Cases Cited
- Propst v. Morgan, 288 Ga. 862 (2011) (requires explicit factual findings for dismissing an appeal for delay)
- Grant v. Kooby, 310 Ga. App. 483 (2011) (applies Propst findings standard for dismissals)
- Boyd v. JohnGalt Holdings, LLC, 318 Ga. App. 866 (2012) (indigence ruling requires hearing when affidavits are challenged)
- Rogers v. Norris, 262 Ga. App. 857 (2003) (foundational to need for findings on contempt or delay)
- Mitchell v. 3280 Peachtree 1, LLC, 285 Ga. 576 (2009) (hearing requirement when opposing party is heard on motion to dismiss)