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Atlanta Orthopedic Surgeons v. Adams

The trial court erred in failing to grant dismissal of the plaintiff's appeal of his medical malpractice action since the plaintiff's actions in causing three year and four month delay in filing of trial transcript rendered appeal stale.

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Following a jury trial, David Adams appealed an adverse judgment but failed to pay for and obtain a trial transcript from the court reporter for many months. Although the court clerk possibly caused part of the delay, in all it took over three years and four months to get a transcript ready to forward to the Court of Appeals. We are asked to determine whether the trial court abused its discretion by denying three motions to dismiss the appeal for failure to obtain the transcript.

Dr. David Rouben and Atlanta Orthopedic Surgeons hereinafter “Rouben” performed back surgery on Adams, and Adams subsequently brought suit for medical malpractice. A jury found for Rouben, and judgment was filed on June 24, 1997. On July 18, Adams filed a motion for new trial, and the court scheduled a hearing for August 29. Two days prior to the hearing, Adams sought a continuance, which was granted, for a single time not to exceed 90 days so that the trial transcript could be prepared for use at the hearing. But Adams failed to pay the court reporter; consequently the transcript was not prepared. The court denied Adams’ motion for new trial on December 19, 1997.

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