KAWANNA BROWN AS THE ADMINISTRATOR OF THE ESTATE OF JERONTA BROWN v. ADAM QUIGGLEY
A21A1150
| Ga. Ct. App. | Sep 7, 2021Background
- Estate of Jeronta Brown sued state, DeKalb County officials, and entities related to Dismas International after Brown and a companion were abducted, ransomed, and murdered; defendants won summary judgment on July 10, 2018.
- Estate filed a timely notice of appeal on July 17, 2018, stating a transcript "will be filed" and paid clerk’s costs on August 8, 2018, but did not file a transcript or seek an extension within the 30‑day period.
- More than two years passed with no transcript; defendants moved to dismiss the appeal in December 2020 for failure to file the transcript.
- In response the Estate relied on OCGA § 5‑6‑48(f) (arguing the court reporter’s duty) and suggested (in a brief footnote) the reporter may have died, but offered no competent evidence or delay-related correspondence.
- The trial court held the two‑year delay was presumptively unreasonable and inexcusable, attributed the delay to the Estate (appellant), and dismissed the appeal; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a two‑year delay in filing the transcript is unreasonable and inexcusable under OCGA § 5‑6‑48(c) | Estate relied on § 5‑6‑48(f) and the court reporter’s duty to excuse the lack of transcript | Delay >30 days is prima facie unreasonable; no extension sought; dismissal appropriate | Two‑year unexplained delay is prima facie unreasonable/inexcusable; Estate failed to rebut; dismissal affirmed |
| Whether the delay was caused by the Estate (appellant) | Estate argued the reporter was responsible and did not directly concede responsibility | Appellant bears duty to order and monitor transcript; failure to act caused delay | Court found no evidence Estate contacted reporter or sought extension; delay attributed to Estate |
| Whether OCGA § 5‑6‑48(f) shields an appellant when the court reporter fails to file the transcript | § 5‑6‑48(f) precludes dismissal for court‑reporter failures | Appellant cannot abdicate responsibility; § 5‑6‑48(f) does not protect where appellant caused the failure | Court held appellant cannot shift burden to reporter; § 5‑6‑48(f) does not bar dismissal when record shows appellant caused the delay |
Key Cases Cited
- Webb’s Erection, Inc. v. Colonial Pacific Leasing Corp., 345 Ga. App. 202 (2018) (abuse‑of‑discretion standard and factors for dismissal under OCGA § 5‑6‑48(c))
- Ashley v. JP Morgan Chase Bank, N.A., 327 Ga. App. 232 (2014) (appellant bears duty to order and monitor transcript preparation)
- Pistacchio v. Frasso, 314 Ga. App. 119 (2012) (delay length and effect govern unreasonableness; failure to obtain extension is a relevant factor)
- Jackson v. Beech Aircraft Corp., 217 Ga. App. 498 (1995) (burden to remain informed of transcript status rests with the party, not the reporter)
- Latimore v. City of Atlanta, 289 Ga. App. 85 (2008) (assertions in briefs are not competent evidence)