State Highway Department v. Thomason

Full title: STATE HIGHWAY DEPARTMENT v. THOMASON et al

Court: Court of Appeals of Georgia

Date published: Sep 19, 1967

157 S.E.2d 503 (Ga. Ct. App. 1967)

157 S.E.2d 503

Opinion

42873.

ARGUED JUNE 12, 1967.

DECIDED SEPTEMBER 19, 1967.

Appellate procedure. Whitfield Superior Court. Before Judge Pope.

Arthur K. Bolton, Attorney General, Richard L. Chambers, Assistant Attorney General, Robert L. Royal, William A. Ingram, Deputy Assistant Attorneys General, John T. Minor, III, for appellant.

Mitchell Mitchell, Warren N. Coppedge, Jr., for appellees.

PANNELL, Judge.

The notice of appeal was filed on December 2, 1966. On February 15, 1967, appellant made a motion for extension of time for filing the transcript of the proceedings and the court on said date entered an order granting an extension of time until May 1, 1967. The transcript having been filed more than 30 days after the notice of appeal, and the motion for extension of time having been made after the time for filing the transcript had expired (Sec. 6 of the Appellate Practice Act of 1965 (Ga. L. 1965, pp. 18, 21) requires that such motion be made within the 30 days), the appeal must be dismissed. Davis v. Davis, 222 Ga. 579 ( 151 S.E.2d 123); Threatt v. McElreath, 223 Ga. 153 ( 154 S.E.2d 20).

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

ARGUED JUNE 12, 1967 — DECIDED SEPTEMBER 19, 1967.