Eric Schreck filed this action to foreclose on a lien against Kimberly Standridge in the State Court of Jackson County. After a hearing, the trial court granted Standridge’s motion for summary judgment, and Schreck filed a timely notice of appeal. Three months later, Standridge filed a motion to dismiss Schreck’s appeal pursuant to OCGA § 5-6-48 c based on Schreck’s failure to file the transcript of evidence and proceedings. After a hearing, the trial court granted Standridge’s motion to dismiss. Schreck appeals that ruling, contending he renewed his appeal pursuant to OCGA § 9-2-61. Finding no abuse of discretion,1 we affirm. The record shows the following relevant facts. The trial court conducted a hearing on January 2, 2004 and granted Standridge’s motion for summary judgment in an order entered January 12, 2004. On February 9, 2004, Schreck filed a notice of appeal from the January 12, 2004 summary judgment order. Schreck’s notice of appeal indicated, “Transcripts of evidence and proceedings will be filed for inclusion in the record on appeal.”2 On May 13, 2004, Standridge moved to dismiss Schreck’s appeal due to his failure to file the transcript of evidence and proceedings within the time allowed.3 On June 30, 2004, before the trial court ruled on Standridge’s motion to dismiss the appeal, Schreck filed a dismissal without prejudice “of the within action.”4 On July 19, 2004, Schreck again filed a notice of appeal from the January 12, 2004 summary judgment order, purportedly pursuant to the renewal statute, OCGA § 9-2-61. On July 21, 2004, Standridge renewed her motion to dismiss the appeal. On July 29, 2004, Schreck filed the transcript from the hearing on Standridge’s motion for summary judgment. Following a hearing, the trial court granted Standridge’s motion to dismiss Schreck’s appeal based on its finding that “the delay in filing the transcript from the January 2, 2004 hearing was unreasonable, inexcusable and was caused by Schreck.”
On appeal from the dismissal order, Schreck contends he was entitled to renew his appeal of the summary judgment order pursuant to OCGA § 9-2-61 because he filed his first notice of appeal within 30 days of the summary judgment order and he filed his second notice of appeal within six months of the dismissal of the original appeal. Schreck’s argument fails for several reasons.
