Popham v. Garrow

The Court imposed a $1,000 frivolous appeal penalty against the plaintiff who failed to support his contentions with citations to the record or to legal authority.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Peter Norwood Popham appeals pro se from the trial court’s order dismissing an earlier appeal from the grant of summary judgment to the defendants in this tort litigation. For the following reasons, we affirm. The record shows that, in February 1998, Popham filed suit against several defendants in the Superior Court of Cobb County. The trial court granted summary judgment to the defendants on May 9, 2000, and Popham filed a notice of appeal on June 8, 2000 hereinafter, the “first appeal”. Popham failed to file a transcript of the summary judgment motion hearing, which he had designated for inclusion in the record on appeal, and did not request an extension to secure the transcript. In November and December 2000, the defendants filed separate motions to dismiss the first appeal. The court conducted a hearing on the motions and, on March 16, 2001, granted the motions, finding that Popham still had not filed the transcript and that Popham’s nine month delay in perfecting the record was both unreasonable and inexcusable. See OCGA § 5-6-48 c. Popham then appealed from the trial court’s dismissal of his appeal hereinafter, the “instant appeal”.

1. In the instant appeal, Popham attempts to raise a variety of alleged errors, only one of which is relevant to the issue on review here, i.e., whether the trial court properly dismissed the first appeal based upon Popham’s failure to perfect the record.1 Popham contends the trial court failed to properly manage the case and that this mismanagement was the real reason the record in the first appeal had not been perfected. Popham failed, however, to support his contentions with citations to the record on appeal or to legal authority. Therefore, this alleged error is deemed abandoned. Court of Appeals Rule 25 c 2, 3 i.

Popham v. Garrow

The Court imposed a $1,000 frivolous appeal penalty against the plaintiff who failed to support his contentions with citations to the record or to legal authority.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report