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Noorani v. Sugarloaf Mills Ltd. Partnership of Ga.

The trial court lacks jurisdiction to dismiss an appeal once the record has been transmitted to the Court of Appeals.

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Defendant/appellant Amir Noorani filed a notice of appeal on February 24, 2010 seeking review of an order denying his motion to dismiss for lack of jurisdiction entered on July 22, 2009, a judgment and final order entered on February 16, 2010 and an order regarding discovery sanctions entered on December 7, 2006. That appeal was docketed in this Court as Case Number A10A2098 on July 1, 2010 and Noorani filed his brief on July 21, 2010. On June 11, 2010, Noorani filed a motion to extend the time to file the trial transcript, and the trial court granted the motion on June 14, 2010. On June 18, 2010, plaintiff/appellee Sugarloaf Mills Limited Partnership of Georgia d/b/a Discover Mills hereinafter Discover Mills filed a response in opposition to the motion to extend time, arguing that it was not timely filed, and moved to dismiss Noorani’s appeal, on the basis that Noorani had unreasonably delayed the filing of the transcript. See OCGA § 5-6-41, OCGA § 6-6-42 and OCGA § 5-6-48 c.

On August 10, 2010, following a hearing on August 2, 2010, the trial court entered an order vacating its order extending the time for filing the transcript, finding that the motion requesting the extension was untimely and thus the order granting the motion was “nugatory and void.” The court then granted Discover Mills’ motion to dismiss Noorani’s appeal, finding that his delay in causing the transcript to be filed with the trial court clerk was unreasonable, inexcusable and caused by his own inaction. On August 19, 2010, Noorani filed the current appeal from that order, which has been docketed in this Court as Case Number A11A0419.1

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