Mercer v. Munn
321 Ga. App. 723
| Ga. Ct. App. | 2013Background
- Munn sued Mercer for allegedly restricting a rottweiler service dog during appointments, claiming ADA and OCGA § 30-4-2.1 violation.
- The trial court granted Mercer summary judgment.
- Mercer moved to dismiss Munn's appeal for failure to timely file a transcript; cases A13A0382 and A13A0416 arise from this dispute.
- The appellate court held the trial court abused its discretion by denying the dismissal and reversed/remanded in A13A0382; A13A0416 was dismissed.
- Delay in obtaining and filing the transcript was prima facie unreasonable and prejudicial to timely disposition, and Munn failed to rebut the presumption of unreasonableness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the trial court correct to deny dismissal for late transcript? | Munn; delay is excusable due to efforts to obtain transcript. | Mercer; delay was unreasonable and prejudicial to appeal. | No; delay unreasonable; abused discretion; dismissal affirmed on remand. |
| Impact on related appeal A13A0416? | N/A (pro se appeal tied to same transcript issue). | N/A. | Case A13A0416 dismissed consistent with relief in A13A0382. |
Key Cases Cited
- Coptic Constr. Co. v. Rolle, 279 Ga. App. 454 (2006) (abuse of discretion for delay in transcript filing; nine-month delay cases cited)
- Morrell v. Western Svcs., 291 Ga. App. 369 (2008) (delay in transcript and costs warranted reversal of denial of dismissal)
- Jackson v. Beech Aircraft Corp., 217 Ga. App. 498 (1995) (unreasonable delay may require dismissal)
- Pistacchio v. Frasso, 314 Ga. App. 119 (2012) (unexcused delays in docketing; transcript issues lead to dismissal)
- Crown Diamond Co. v. N. Y. Diamond Corp., 242 Ga. App. 674 (2000) (transcript delay considerations in appellate process)
- In the Interest of T. H., 311 Ga. App. 641 (2011) (timeliness and transcript filing standards in appeals)