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Lawskills.com Georgia Caselaw
ITT INDUSTRIAL CREDIT COMPANY v. CARPET FACTORY, INC. et al.
52696.
BELL, Chief Judge.
Dismissal of appeal. Clayton State Court. Before Paul S. Weiner, Judge pro hac vice.
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.
Watson, Brown, Foster & Keller, John L. Watson, Jr., for appellees.
Lewis N. Jones, for appellant.
ARGUED SEPTEMBER 22, 1976 -- DECIDED OCTOBER 26, 1976.
Friday May 22 08:13 EDT


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