Howard v. Smith

Full title: HOWARD et al. v. SMITH

Court: Supreme Court of Georgia

Date published: Mar 18, 1971

181 S.E.2d 47 (Ga. 1971)

227 Ga. 427

Opinion

26414.

ARGUED MARCH 8, 1971.

DECIDED MARCH 18, 1971.

Appellate procedure. Forsyth Superior Court. Before Judge Burtz.

Stow, Garvin Glenn, James A. Glenn, Jr., for appellants.

Boling Neville, Leon Boling, for appellee.

MOBLEY, Presiding Justice.

This case has previously been before this court. Howard v. Smith, 226 Ga. 850 ( 178 S.E.2d 159). The appellee in the present appeal has made a motion to dismiss the appeal because the transcript was not filed within thirty days after the filing of the notice of appeal, as required by Ga. L. 1965, pp. 18, 26 ( Code Ann. § 6-806), and no extension of time for filing the transcript was requested or granted. The notice of appeal was filed November 20, 1970. The transcript was filed with the clerk of the superior court on January 18, 1971. No extension of time for filing the transcript is shown by the record. Under repeated rulings of this court the motion to dismiss must be granted. Stevens v. Clayton County, 226 Ga. 528 ( 175 S.E.2d 831); Fowler v. State, 226 Ga. 646 ( 177 S.E.2d 47).

Appeal dismissed. All the Justices concur.

ARGUED MARCH 8, 1971 — DECIDED MARCH 18, 1971.