Pioneer Security and Investigations, Inc. won a civil jury trial, but the trial court later set aside the verdict. Pioneer filed a notice of appeal in which it indicated that no transcript would be filed. The case was docketed in this Court as Case No. A08A1435 on March 25, 2008. Meanwhile, Pioneer changed its mind about the transcript and took steps in the trial court to have it added to the appellate record. But on May 5, that court dismissed the appeal because Pioneer failed to cause the trial transcript to be filed within 30 days of the notice of appeal as required by OCGA § 5-6-42, and failed to apply for an extension of the filing time within that same period as required by OCGA § 5-6-39. In Case No. A08A2131, Pioneer appeals that decision. We have consolidated the two cases for review. The facts are undisputed and set out adequately in the trial court’s order: Judgement was entered in this case on December 11, 2007. Pioneer timely filed a Notice of Appeal on January 7, 2008. Included in that notice, Pioneer states: “A transcript of the evidence and proceedings will not be filed for inclusion in the record on appeal.” Pioneer then requested the transcript on January 24, 2008. Pioneer filed a request for extension of time to file transcript on February 27, 2008, which was denied by order dated February 28, 2008 on the grounds that the extension was not timely requested. On March 26, 2008, Pioneer then filed a Designation of Addenda to Record on Appeal in an attempt to have the transcript filed on appeal. The Defendant filed an objection to the designation in which it argued that Pioneer was attempting to circumvent the Court’s previous order denying the request for an extension of time to file the transcript by filing the designation. On the same day March 26, 2008 the transcript was filed in the trial court. Emphasis supplied. Meanwhile, on April 17, Pioneer filed a motion in this Court requesting supplementation of the appellate record with the transcript. And in the trial court, Pioneer filed a motion for a hearing regarding its request to supplement the record on appeal with the trial transcript. Following the May 2 hearing, the court denied the motion and dismissed Pioneer’s appeal. Pioneer did not request that the motion transcript be included in the record on appeal.
First, the trial court properly addressed the issue regarding the transcript even though Case No. A08A1435 had been docketed for appeal in this Court: Even after the case was docketed in this Court, the superior court retained jurisdiction to add additional record and transcript and is the final arbiter as to any differences concerning preparation of the record and transcript. Citations and punctuation omitted. Barker v. Elrod , 291 Ga. App. 871, 871-872 2 663 SE2d 289 2008, citing Smith v. State , 213 Ga. App. 536, 537 3 445 SE2d 341 1994. See also Nobles v. Prevost , 221 Ga. App. 594, 595 472 SE2d 134 1996.
