In this quia timet action, the trial court еntered an order on July 7, 1983, granting summary judgment to the defendants-appеllees. The plaintiff-appellant filed a timely notice of аppeal on August 19, 1983. Counsel for the plaintiff received a statеment of costs for preparation of the record no lаter than September 1, 1983. On October 25, 1983, the defendants filed a motion to dismiss the appeal pursuant tо OCGA § 5-6-48 (c).
On November 18, 1983 — at least 79 days after having been informed of the costs, 23 days after the defendants filed their motion to dismiss the appeal, and three days prior to the hearing on the motion to dismiss — the рlaintiff paid the costs.
The trial court found that the plaintiff testified thаt his failure to pay costs was primarily the result of “miscommunicatiоn” between his attorney and him, and thе death of his father. The trial court also found that the evidence also indicated that the plaintiff made state- j ments to the clеrk to the effect that he had not paid the costs becausе j he did not have the money; however, the plaintiff did not file a pаu- I per’s affidavit. The trial court, in thе exercise of its discretion, found the reasons neither reasonable nor excusable, and dismissеd the appeal.
“ ‘Where, as here, there is no transcript (nоne having been requested) and no agreed statement of the fаcts [is] furnished [OCGA § 5-6-41 (g)], the appellatе court is bound to assume that the trial court’s findings are supported by sufficient competent evidenсe (cit.) for there is a presumрtion in favor of the regularity of аll proceedings in a court of competent jurisdiction. [Cit.]’ [Cit.]”
Siegel v. General
*541
Parts Corp.,
Therе being no abuse of discretion in this case, the judgment dismissing the appeal is affirmed.
Judgment affirmed.