Opinion
25713.
SUBMITTED MARCH 11, 1970.
DECIDED APRIL 9, 1970.
Appellate procedure. Colquitt Superior Court. Before Judge Calhoun.
G. Gerald Kunes, for appellant.
Billy G. Fallin, for appellee.
The Appellate Practice Act (Ga. L. 1966, pp. 493, 497; Code Ann. § 6-808) requires that where no transcript of evidence and proceedings is to be sent up, the clerk shall prepare and transmit the record within 20 days after the date of filing of the notice of appeal.
Although there was no transcript of evidence and proceedings to be sent up in this case, the record was not transmitted within 20 days after the filing of the notice of appeal. The clerk's certificate states: "This is to certify that due to the fact of the appellant not having paid the costs of this court caused a delay in transmitting this record to the Supreme Court ..."
Therefore, under the rule laid down by George v. American Credit Control, Inc., 222 Ga. 512 ( 150 S.E.2d 683); Vezzani v. Vezzani, 222 Ga. 853 ( 153 S.E.2d 161); Mutual Fed. Savings c. Assn. v. Johnson, 223 Ga. 811 ( 158 S.E.2d 762); Pippins v. Securities Investment Co., 223 Ga. 812 ( 158 S.E.2d 675); U-Haul Co. v. A Trailer Truck Rentals, 225 Ga. 195 ( 167 S.E.2d 135); Kilgo v. Cochran, 225 Ga. 477 ( 169 S.E.2d 818), this appeal must be dismissed.
The 1968 amendment to the Appellate Practice Act (Ga. L. 1968, pp. 1072, 1073-1074; Code Ann. § 6-809) does not change this rule. See Fahrig v. Garrett, 224 Ga. 817 ( 165 S.E.2d 126).
Appeal dismissed. All the Justices concur.