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McAlister v. Abam-Samson

The trial court correctly applied O.C.G.A. § 5-6-48 c to dismiss the defendant's appeal of an order requiring him to pay an attorney's lien relating to his representation in an injury action for an unreasonable and inexcusable 55-day delay, which the defendant caused in transmitting the record appendix.

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David McAlister appeals the trial court’s dismissal of his appeal related to an order to pay an attorney’s lien to John C. Dabney Jr. for his representation of McAlister in a personal-injury action against Edith Abam-Samson.1 McAlister argues that the trial court 1 lacked statutory authority to dismiss the appeal for a delay in transmitting the record appendix and 2 erred in dismissing the appeal when the delay was not unreasonable, inexcusable, or caused by him. For the reasons set forth infra, we affirm.

The record reflects that McAlister filed a notice of appeal in the underlying case on February 17, 2011, which directed that a “transcript of evidence and proceedings will be filed for inclusion in the record on appeal, and the parties will undertake the responsibility of filing their own record.” On August 5, 2011, Dabney—as an intervenor in the McAlister/Abam-Samson case—filed a motion to dismiss McAlister’s appeal due to a failure to file the record appendix.

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