Title 5, Chapter 6, Section 48
( 5-6-48)
(a) Failure of any party to perfect service of any notice or other
paper hereunder shall not work dismissal; but the trial and
appellate courts shall at any stage of the proceeding require that
parties be served in such manner as will permit a just and
expeditious determination of the appeal and shall, when necessary,
grant such continuance as may be required under the circumstances. (b) No appeal shall be dismissed or its validity affected for any
cause nor shall consideration of any enumerated error be refused,
except: (1) For failure to file notice of appeal within the time required
as provided in this article or within any extension of time
granted hereunder; (2) Where the decision or judgment is not then appealable; or (3) Where the questions presented have become moot. (c) No appeal shall be dismissed by the appellate court nor
consideration of any error therein refused because of failure of any
party to cause the transcript of evidence and proceedings to be
filed within the time allowed by law or order of court; but the
trial court may, after notice and opportunity for hearing, order
that the appeal be dismissed where there has been an unreasonable
delay in the filing of the transcript and it is shown that the delay
was inexcusable and was caused by such party. In like manner, the
trial court may order the appeal dismissed where there has been an
unreasonable delay in the transmission of the record to the
appellate court, and it is seen that the delay was inexcusable and
was caused by the failure of a party to pay costs in the trial court
or file an affidavit of indigence; provided, however, that no appeal
shall be dismissed for failure to pay costs if costs are paid within
20 days (exclusive of Saturdays, Sundays, and legal holidays) of
receipt by the appellant of notice, mailed by registered or
certified mail or statutory overnight delivery, of the amount of
costs. (d) At any stage of the proceedings, either before or after
argument, the court shall by order, either with or without motion,
provide for all necessary amendments, require the trial court to
make corrections in the record or transcript or certify what
transpired below which does not appear from the record on appeal,
require that additional portions of the record or transcript of
proceedings be sent up, or require that a complete transcript of
evidence and proceedings be prepared and sent up, or take any other
action to perfect the appeal and record so that the appellate court
can and will pass upon the appeal and not dismiss it. If an error
appears in the notice of appeal, the court shall allow the notice of
appeal to be amended at any time prior to judgment to perfect the
appeal so that the appellate court can and will pass upon the appeal
and not dismiss it. (e) Dismissal of the appeal shall not affect the validity of the
cross appeal where notice therefor has been filed within the time
required for cross appeals and where the appellee would still stand
to receive benefit or advantage by a decision of his cross appeal.
(f) Where it is apparent from the notice of appeal, the record, the
enumeration of errors, or any combination of the foregoing, what
judgment or judgments were appealed from or what errors are sought
to be asserted upon appeal, the appeal shall be considered in
accordance therewith notwithstanding that the notice of appeal fails
to specify definitely the judgment appealed from or that the
enumeration of errors fails to enumerate clearly the errors sought
to be reviewed. An appeal shall not be dismissed nor consideration
thereof refused because of failure of the court reporter to file the
transcript of evidence and proceedings within the time allowed by
law or order of court unless it affirmatively appears from the
record that the failure was caused by the appellant. |