ITT INDUSTRIAL CREDIT COMPANY v. Carpet Factory, Inc.

Georgia Court of Appeals October 26, 1976

ITT INDUSTRIAL CREDIT COMPANY v. Carpet Factory, Inc., 230 S.E.2d 354 (1976)

140 Ga. App. 204; 1976 Ga. App. LEXIS 1408

Bell, Clark, Stolz

Opinion

Bell, Chief Judge.

In dismissing this appeal the trial court found that the delay in transmitting the record to this court was inexcusable but did not make a finding that the delay was unreasonable. The Supreme Court held in Young v. *205 Climatrol &c. Corp., 237 Ga. 53 (226 SE2d 737) that the provision of the Appellate Practice Act authorizing the trial court to dismiss an appeal for delay (Code Ann. § 6-809 (b)), requires that two elements be present: One, that the delay was unreasonable and two, that it was inexcusable. Since no finding of unreasonableness was made, Young controls here and the judgment dismissing the appeal is reversed.

Argued September 22, 1976 Decided October 26, 1976. Lewis N. Jones, for appellant. Watson, Brown, Foster & Keller, John L. Watson, Jr., for appellees.

Judgment reversed.

Clark and Stolz, JJ., concur.

Reference

Full Case Name: ITT INDUSTRIAL CREDIT COMPANY v. CARPET FACTORY, INC. Et Al.
Cited By: 3 cases
Status: Published