In Re Th
311 Ga. App. 641
| Ga. Ct. App. | 2011Background
- Petition to terminate the mother's parental rights to T.H. was filed on April 3, 2006 by paternal relatives.
- Trial court terminated the mother's parental rights on July 3, 2007.
- Mother moved for new trial on August 2, 2007 and sought a continuance due to missing transcripts.
- Transcripts were ordered July 17, 2008 and received August 31, 2009; motion for new trial denied October 23, 2009.
- Mother filed a notice of appeal November 20, 2009 designating a transcript; appellees moved to dismiss October 26, 2010; trial court dismissed and Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal was properly dismissed for delay in filing transcripts | Luttrell argues delay not inexcusable and not caused by mother. | Appellees contend delay was unreasonable, inexcusable, and caused by mother. | Yes; dismissal affirmed as authorized and not an abuse of discretion. |
Key Cases Cited
- Coptic Constr. Co. v. Rolle, 279 Ga.App. 454, 631 S.E.2d 475 (2006) (extension and timing rules for filing transcripts)
- PJ Svcs., Inc. v. Equity Technologies Assoc., 295 Ga.App. 214, 671 S.E.2d 264 (2008) (unreasonable and inexcusable delay standard)
- In the Interest of D.M.C., 232 Ga.App. 466, 501 S.E.2d 305 (1998) (duty to pursue transcripts and extensions; appellate delay factors)
- Adams v. Hebert, 279 Ga. App. 158, 630 S.E.2d 652 (2006) (timely filing possible when counsel has transcript)
- Dept. of Human Resources v. Patillo, 196 Ga.App. 778, 397 S.E.2d 47 (1990) (dismissal when appellant made no effort to obtain transcript)