Webbs Erection, Inc. et al. v. Colonial Pacific Leasing Corporation

The trial court did not abuse its discretion in dismissing appellants' notice of appeal under O.C.G.A. § 5-6-48 (c) based on the untimely payment of costs of appeal.

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McFadden, Presiding Judge. This is an appeal from the trial court’s dismissal of a notice of appeal under OCGA § 5-6-48 (c). The trial court expressed alternative grounds for his ruling, holding that the notice of appeal should be dismissed both because the appellants did not pay the costs of appeal for 70 days after receiving notice of those costs and because the appellants did not cause the transcript of a summary judgment hearing to be filed. Because the trial court was within his discretion to dismiss the notice of appeal for the untimely payment of costs, we affirm. Consequently, we do not consider either the merits of the trial court’s alternative ground for dismissal or the merits of the appellants’ claim that the trial court erred in the underlying summary judgment ruling.1. Delay in payment of costs.Among other reasons, OCGA § 5-6-48 (c) permits a trial court to dismiss an appeal, after notice and opportunity for a hearing, “where there has been an unreasonable delay in the transmission of the record to the appellate court, and it is seen that the delay was inexcusable and was caused by the failure of a party to pay costs in the trial court[.]” We review a trial court’s ruling on a motion to dismiss an appeal pursuant to this Code sectionunder an abuse of discretion standard. When making factual determinations based upon evidence presented at a hearing on the question of dismissal, the trial court is vested with broad discretion to decide whether the appeal should be dismissed. Absent an abuse of such discretion, the court’s decision will not be disturbed on appeal.

Webbs Erection, Inc. et al. v. Colonial Pacific Leasing Corporation

The trial court did not abuse its discretion in dismissing appellants' notice of appeal under O.C.G.A. § 5-6-48 (c) based on the untimely payment of costs of appeal.

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