Appellant-plaintiff George E. Stone appeals from the superior court’s order dismissing his appeal in this Court. The superior court found that appellant unreasonably and inexcusably delayed the processing of his appeal—this for failure to pay costs or file an affidavit of indigency. Consequently, the court granted the motion to dismiss the appeal filed by appellee-defendants Bob Boyne, Jack Hardman, Gladys Lyde, Harold Pate, J. E. Sonny Miller, Milton Lynn, and Virginia Gunn, individually and in their official capacities as members of the Board of Commissioners of Glynn County, Georgia; Lee Gilmour, individually and in his official capacity as County Administrator for Glynn County, Georgia; Keith Flanagan, individually and in his official capacity as Superintendent of Public Works for Glynn County, Georgia; and David Bandy, individually and in his official capacity as Personnel Director for Glynn County, Georgia “Glynn County”. On appeal, the appellant, in effect,1 argues the insufficiency of the evidence to support a finding that his failure to pay costs or file an affidavit of indigency was unreasonable and inexcusable under OCGA § 5-6-48 c. We disagree and affirm. Held:
On January 11, 1999, finding that the appellant was required to contest his termination as a Glynn County employee2 by writ of certiorari rather than by independent action averring breach of contract, the superior court granted summary judgment to appellees. On February 8, 1999, the appellant timely filed notice of appeal thereon to this Court. Twenty days later, the clerk of court mailed appellant, through trial counsel now appellate counsel, a statement of costs indicating that the transcript had been copied and that filing costs for his appeal were $437.50. On March 28, 1999, a second statement of costs was sent to the appellant by certified mail, again through trial counsel at a second address because the first letter had been returned as undeliverable. The return receipt of record reflects receipt of this costs statement on April 21, 1999.