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Cody v. Caldwell Banker Real Estate Corp.

The trial court dismissed the appeal without making the necessary findings that the delay in filing the transcript was unreasonable, inexcusable and caused by the appellant.

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Channon R. Cody appeals from the trial court’s order granting Coldwell Banker’s motion to dismiss her appeal pursuant to OCGA § 5-6-48 c for an unreasonable delay in the filing of the transcript.

The trial court simply granted the motion without elaboration and failed to make the necessary findings as to whether the delay was unreasonable, inexcusable, and caused by Cody. Dalton v. Vo, 224 Ga. App. 382 480 SE2d 377 1997. In making these necessary findings, a trial court exercises a legal discretion which we review only for abuse. Wood v. Notte, 238 Ga. App. 748, 749 519 SE2d 923 1999. Because the trial court did not make the necessary findings, we are unable to determine whether the trial court properly exercised its discretion in dismissing the appeal. Dalton, 224 Ga. App. at 383; Wood, 238 Ga. App. at 749.

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