Pistacchio v. Frasso, 314 Ga. App. 119

Pistacchio v. Frasso, Georgia Court of Appeals, No. A11A2301, involved a breach of contract verdict for Frasso and against Pistacchio and Harris.
Appellants sought a new trial; transcript timing became central after the May 18, 2010 notice of appeal.
Transcript filing occurred well after the 30-day window; the March 4, 2010 new-trial hearing transcript was not filed until August 9–10, 2010.
Cost bills were issued June 9–11, 2010; appellants paid the transcript-related costs only after delay and invoicing issues.
Trial court dismissed the appeal for failure to timely file the transcript, finding the delay unreasonable and inexcusable, caused by the appellants, and not persuaded on costs.
Court of Appeals affirmed the dismissal, applying OCGA 5-6-41, 5-6-42, and 5-6-48(c) and reviewing for abuse of discretion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the transcript delay justifies dismissal under OCGA 5-6-48(c).	Pistacchio contends delay was not unreasonable.	Frasso argues delay was unreasonable and inexcusable.	Yes, dismissal affirmed for unreasonable delay.
Whether appellants bears responsibility for delays after transcript ordered; whether extension was needed.	Appellants were not accountable for court reporter delays after proper ordering.	Delays after ordering transcript and failure to timely pursue extension were appellants' fault.	Appellants failed to rebut presumption of unreasonableness; delay caused by appellants.

Bush v. Reed, 311 Ga.App. 328 (2011) (dismissal standards for appeals under OCGA 5-6-48(c))
PJ Svcs. v. Equity Technologies Assoc., 295 Ga.App. 214 (2008) (review of trial court’s dismissal for abuse of discretion)
American Nat. Property & Gas. Co. v. Potts, 243 Ga.App. 645 (2000) (delay impact on earliest possible calendar and docketing)
Sellers v. Nodvin, 262 Ga. 205 (1992) (delay as to reasonableness and excusability standards)
Galletta v. Hillcrest Abbey West, 185 Ga.App. 20 (1987) (short delays not impeding earliest calendar)