Calloway v. State ( 1969 )

Whitman, Judge.

“The Appellate Practice Act of 1965 (Ga. L. 1965, pp. 18, 21, 26) as amended, requires the transcript of evidence to be filed within 30 days after the filing of the notice of appeal {Code Ann. § 6-806) or an application must be made within that period for an extension of time for such filing (Code Ann. § 6-804). This court has repeatedly held that the provisions of this Act are mandatory and unless complied with the appeal must be dismissed. Davis v. Davis, 222 Ga. 579 (151 SE2d 123); Threatt v. McElreath, 223 Ga. 153 (154 SE2d 20); and Fleming v. Sanders, 223 Ga. 172 (154 SE2d 14).” Joiner v. State, 223 Ga. 367, 368 (155 SE2d 8).

Argued February 5, 1969 Decided February 12, 1969. John D. Watkins, for appellant. B. William Barton, District Attorney, E. Freeman Leverett, for appellee.

With regard to obtaining extensions of time for filing a transcript, Code Ann. § 6-804 (Ga. L. 1965, pp. 18, 21) provides that “any application ... for an extension must be made before expiration of the period for filing as originally prescribed.” (Emphasis supplied.)

The Supreme Court has held that the 1968 amendments to the Appellate Practice Act (Ga. L. 1968, p. 1072 et seq.) work no change in this regard. Fahrig v. Garrett, 224 Ga. 817 (165 SE2d 126); Hardy v. D. G. Machinery & Gage Co., 224 Ga. 818 (165 SE2d 127).

In this case, the notice of appeal was filed on July 24, 1968. Thereafter an order was entered on July 29, 1968, granting a “motion to extend the time for filing the appeal from the 24th day of July, 1968, to an additional thirty (30) days.” However, the transcript was not filed within the extended time and no additional extensions for filing were applied for. On December 2, 1968, the transcript was filed.

The above decisions are controlling and the appeal must be dismissed.

Appeal dismissed.

Jordan, P. J., concurs. Hall, J., concurs specially.