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In the Interest of T. H.

The trial court did not abuse its discretion in dismissing the biological mother's appeal from the denial of her motion for new trial following the grant of a petition to terminate her parental rights, as her failure to timely pursue the filing of the transcript or seek an extension of time for almost one year was unreasonable and inexcusable.

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In this case involving the termination of parental rights, the trial court entered an order dismissing the biological mother’s appeal under OCGA § 5-6-48 c, finding that she had caused an unreasonable, inexcusable delay in filing transcripts of the evidence and proceedings. The mother appeals the dismissal order. We discern no error and affirm. The record shows that on April 3, 2006, a petition to terminate the mother’s parental rights to her minor son, T. H., was filed by T. H.’s paternal aunt and uncle. On July 3, 2007, the trial court granted the petition and the mother’s parental rights were terminated. Thereafter, on August 2, 2007, the mother filed a motion for new trial. On August 30, 2007, the mother requested a continuance from the motion for new trial hearing based upon her failure to receive a copy of the transcripts of the termination proceedings. Almost a year later, on July 17, 2008, the mother’s counsel obtained an order granting a request for the payment of funds for the transcripts. The mother’s counsel received copies of the transcripts on August 31, 2009. The trial court subsequently denied the mother’s motion for new trial on October 23, 2009.

On November 20, 2009, the mother filed her notice of appeal, designating that a “transcript of evidence and proceedings will be filed for inclusion in the record on appeal.” Nearly a year later, on October 26, 2010, the appellees filed a motion to dismiss the appeal, contending that the mother had failed to take any action since the filing of her notice of appeal to have the transcripts filed for transmittal of the record. Faced with the motion to dismiss, the mother then filed a motion to compel the court reporter to file the transcripts.

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