TEMPLE v. HILLEGASS Et Al., 340 Ga. App. 189

On February 12, 2015, Tandra Temple (pro se) filed a complaint on behalf of her minor son and an affidavit of poverty; the trial court granted in forma pauperis status for the underlying case.
Defendants moved to dismiss the complaint for lack of standing, absence of an expert affidavit, and statute-of-limitations; the trial court granted that motion on June 16, 2015.
Temple timely appealed on July 16, 2015. The superior court clerk billed appeal costs on August 4, 2015; Temple filed an affidavit/motion to proceed in forma pauperis for the appeal on September 14, 2015.
Defendants moved to dismiss the appeal for unreasonable delay in transmission of the record, citing Temple’s failure to pay costs or earlier file an indigence affidavit under OCGA § 5-6-48(c).
The trial court granted Temple in forma pauperis relief on November 16, 2015, but on February 11, 2016 entered a summary order dismissing the appeal without making factual findings required by statute.
Temple appealed the dismissal order to the Court of Appeals, which found the dismissal order deficient for lack of required findings and remanded with directions to enter them.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court properly dismissed the appeal for unreasonable delay in transmission of the record under OCGA § 5-6-48(c)	Temple argued she sought and was later granted in forma pauperis status and therefore the delay was excused	Defendants argued Temple caused unreasonable delay by not timely paying costs or filing an affidavit of indigence	Dismissal vacated: trial court failed to make required statutory findings; remanded for entry of findings before dismissal can be reviewed
What findings are required before dismissing an appeal for delay	Temple relied on the court’s prior grant of indigence to excuse costs/delay	Defendants relied on statutory requirement that failure to pay or file causes delay justifying dismissal	Court held the trial court must determine length of delay, reasons, whether appellant caused it, whether inexcusable, and then exercise discretion
Standard of appellate review of a dismissal for delay	Temple asserted abuse of discretion standard applies but factual findings necessary for review	Defendants urged deference to trial court’s dismissal	Court reaffirmed abuse-of-discretion review but required trial-court findings to permit meaningful review
Remedy for failure to make required findings	Temple sought reversal/vacatur of dismissal	Defendants sought affirmance of dismissal	Court vacated the dismissal order and remanded with direction to enter requisite findings of fact

Postell v. Alfa Ins. Corp., 327 Ga. App. 194 (2014) (trial court must make findings on length/reasons/who caused delay and whether inexcusable before dismissing for delay)
Gruner v. Thacker, 320 Ga. App. 146 (2013) (trial court errs by not making requisite factual findings; appellate review requires those findings)
Rogers v. Norris, 262 Ga. App. 857 (2003) (same principle regarding necessity of findings before dismissal for delay)