Georgia Farm Bureau Mutual Insurance Co. v. Smith

Full title: GEORGIA FARM BUREAU MUTUAL INSURANCE COMPANY v. SMITH

Court: Court of Appeals of Georgia

Date published: Jun 23, 1967

156 S.E.2d 379 (Ga. Ct. App. 1967)

156 S.E.2d 379

Opinion

42798.

SUBMITTED MAY 1, 1967.

DECIDED JUNE 23, 1967.

Appellate procedure. Chattooga Superior Court. Before Judge Painter.

Fullbright Duffey, Harl C. Duffey, Jr., for appellant.

Robert Edward Surles, for appellee.

JOSLIN, Judge.

The notice of appeal in this case was filed in the office of the clerk of the superior court on January 31, 1967. The transcript of the evidence was not filed until March 24, 1967. No order extending the time for the filing of the transcript appears of record, nor does it appear that any application for such an order was made before the expiration of 30 days from the date the notice of appeal was filed. Under the applicable provisions of the 1965 Appellate Practice Act and under the rulings of the Supreme Court in Davis v. Davis, 222 Ga. 579 ( 151 S.E.2d 123), and Joiner v. State, 223 Ga. 367 ( 155 S.E.2d 8), the appeal in this case must be dismissed.

Appeal dismissed. Bell, P. J., and Pannell, J., concur.

SUBMITTED MAY 1, 1967 — DECIDED JUNE 23, 1967.