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Central Ga. Dev. Group Inc. v. Synovus Bank

A 37-day delay in paying the bill of costs for an appeal was prima facie unreasonable and inexcusable.

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Central Georgia Development Group, Inc., Thomas Mark Willett and David Willett collectively, the “Appellants” appeal from an order of the Walton County Superior Court dismissing their notice of appeal for failure to pay timely the costs of the appeal. In several related enumerations of error, Appellants contend that the trial court abused its discretion in dismissing the appeal, arguing that the trial court erroneously determined that their delay in paying the bill of costs was prima facie unreasonable and that it was not authorized to exercise its discretion to deny the Synovus Bank’s the “Bank” motion to dismiss.1 Appellants also contend that any delay in the payment of the bill of costs was not unreasonable because it did not delay their appeal or prejudice the Bank. We disagree and affirm.

The Bank sued Appellants seeking to collect on three promissory notes and guaranties. After discovery, the Bank filed a motion for partial summary judgment seeking recovery of the amounts owed.2 The trial court granted summary judgment in favor of the Bank , and the Appellants filed a notice of appeal on November 14, 2011.

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