In these companion cases, Nye Lavalle appeals from the trial court’s orders dismissing his notices of appeal. In its orders, the trial court concluded that Lavalle failed to file a transcript as required by OCGA § § 5-6-48 and 5-6-42, that the delay caused by failing to file the transcript was unreasonable, and that the delay was inexcusable and caused by Lavalle. On appeal, Lavalle challenges the trial court’s conclusions.1 A trial court may dismiss an appeal, after notice and an opportunity for a hearing, “where there has been an unreasonable delay in the transmission of the record to the appellate court, and it is seen that the delay was inexcusable and was caused by the failure of a party to pay costs in the trial court or file an affidavit of indigence.” OCGA § 5-6-48 c. A trial court’s decision to grant or to deny a motion to dismiss an appeal under this Code section is reviewed under an abuse of discretion standard. When making factual determinations based upon evidence presented at a hearing on the question of dismissal, the trial court is vested with a broad discretion to decide whether the appeal should be dismissed. Absent an abuse of such discretion, the trial court’s decision will not be disturbed on appeal.2 As we find no abuse of discretion, we affirm the trial court. On or about January 4, 2008, the trial court entered stalking twelve month protective orders against Lavalle in favor of appellees herein, Edward Jarrett Case No. A10A1580 and Joseph Grenuk Case No. A10A1581, after a hearing at which Lavalle appeared and had an opportunity to be heard. Lavalle filed motions for new trial and for reconsideration in both cases. After a hearing, the motions were denied on June 5, 2008. Lavalle then filed a notice of appeal on or about July 23, 2008, indicating that the transcript of evidence and proceedings in both cases would be filed for inclusion in the record.
On or about October 20, 2008, this court granted Lavalle’s motion to remand the case to the trial court to supplement and/or reconstruct the record.3 Over a year later, in December of 2009, appellees filed motions to dismiss the appeals. The trial court held a hearing on the motions, and entered orders dismissing Lavalle’s appeals on December 23, 2009, which are the orders from which Lavalle appeals in the instant cases.
