Noorani v. Sugarloaf Mills Limited Partnership of Georgia
308 Ga. App. 168
| Ga. Ct. App. | 2011Background
- Noorani filed a notice of appeal on February 24, 2010 seeking review of multiple trial court orders, docketed in Case No. A10A2098, with his brief filed July 21, 2010.
- Discover Mills opposed Noorani's motion to extend time to file the trial transcript, arguing it was untimely and moved to dismiss the appeal on grounds of unreasonable delay.
- The trial court granted the extension on June 14, 2010, but on August 10, 2010 vacated that order, ruling the extension untimely and void, and granted dismissal of Noorani's appeal.
- Noorani filed a new appeal on August 19, 2010, which became Case No. A11A0419, challenging the dismissal order as a nullity.
- Rule 20 of Court of Appeals governs waiver of transcript issues; longstanding precedent holds that after docketing in this Court the trial court loses jurisdiction to dismiss an appeal, making post-docket dismissal orders a nullity.
- The court disapproved Pioneer Security v. Hyatt Corp. to the extent it contradicted Turner and similar precedents, reaffirming that the trial court cannot validly dismiss an appeal after record transmission.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the trial court have jurisdiction to dismiss an appeal after docketing in this Court? | Noorani contends the dismissal was void because jurisdiction had transferred to this Court. | Discover Mills contends the trial court properly dismissed for delay and untimeliness in filing the transcript. | Yes, the trial court lacked jurisdiction; dismissal after docketing is a nullity. |
Key Cases Cited
- Turner v. Taylor, 179 Ga.App. 574, 346 S.E.2d 920 (1986) (post-docket dismissal is a nullity; trial court loses jurisdiction)
- Strese v. Strese, 237 Ga. 334, 227 S.E.2d 749 (1976) (waiver of delay where trial court did not rule before transmission)
- Hadavi v. Palmer, 260 Ga. App. 509, 580 S.E.2d 291 (2003) (trial court retains jurisdiction to dismiss untimely transcript filings until record transmittal)
- Lipsteuer v. CSX Transp., 236 Ga. App. 806, 513 S.E.2d 532 (1999) (appellee waiver where no pre-transmittal objection by trial court)
- Copeland v. Continental Kewitt, 218 Ga. App. 305, 461 S.E.2d 277 (1995) (docketing in this Court limits trial court's ability to act on dismissal motions)
- Ovestco Corp. v. Bowen, 216 Ga. App. 121, 453 S.E.2d 94 (1994) (distinguishes Turner on record-avoidance context)
- Pioneer Security, etc. v. Hyatt Corp., 295 Ga. App. 261, 671 S.E.2d 266 (2008) (conflicted with Turner; this case disapproved to the extent it supports contrary result)