275 Ga. App. 499 621 S.E.2d 468

A05A1422.

POPHAM v. GARROW et al.

(621 SE2d 468)

Ellington, Judge.

Peter Norwood Popham appeals pro se from the trial court’s order dismissing an earlier appeal from the grant of summary judgment to the defendants in this tort litigation. For the following reasons, we affirm.

The record shows that, in February 1998, Popham filed suit against several defendants in the Superior Court of Cobb County. The trial court granted summary judgment to the defendants on May 9, 2000, and Popham filed a notice of appeal on June 8, 2000 (hereinafter, the “first appeal”). Popham failed to file a transcript of the summary judgment motion hearing, which he had designated for inclusion in the record on appeal, and did not request an extension to secure the transcript. In November and December 2000, the defendants filed separate motions to dismiss the first appeal. The court conducted a hearing on the motions and, on March 16, 2001, granted the motions, finding that Popham still had not filed the transcript and that Popham’s nine month delay in perfecting the record was both unreasonable and inexcusable. See OCGA § 5-6-48 (c). Popham then appealed from the trial court’s dismissal of his appeal (hereinafter, the “instant appeal”).

1. In the instant appeal, Popham attempts to raise a variety of alleged errors, only one of which is relevant to the issue on review here, i.e., whether the trial court properly dismissed the first appeal based upon Popham’s failure to perfect the record.1 Popham contends *500the trial court failed to properly manage the case and that this mismanagement was the real reason the record in the first appeal had not been perfected. Popham failed, however, to support his contentions with citations to the record on appeal or to legal authority. Therefore, this alleged error is deemed abandoned. Court of Appeals Rule 25 (c) (2), (3) (i).

Decided August 12, 2005

Reconsideration denied September 14, 2005.

Peter N. Popham, pro se.

Sams, Larkin & Huff, Joel L. Larkin, Parks F. Huff, Hawkins & Parnell, Debra E. LeVorse, Christine L. Mast, Paul, Hastings, Janofsky & Walker, John G. Parker, Green, Johnson & Landers, Jerry A. Landers, Jr., Shivers & Associates, Charles E. Johnson III, Christine C. Daniel, Jerry L. Gentry, Stephen D. Morrison, Jr., Deborah L. *501Dance, Ronald J. Doeve, for appellees.

*5002. Further, we find, sua sponte, that this appeal is frivolous and, therefore, that sanctions are appropriate. This conclusion is based upon the fact that Popham failed to support any of his enumerated errors in his appellate brief with citations to the record or to legal authority. Popham complained that the record was still not complete and that, as a result, he was unable to properly argue this appeal. Popham, however, did not identify what was missing from the record or explain how this allegedly missing information excused him from presenting a legal argument for reversing the court’s order. Instead, he simply asked this Court to remand the case back to the trial court for a trial, effectively reversing both the trial court’s dismissal of the first appeal and the court’s grant of summary judgment, even though he failed to demonstrate a legal basis for doing so.

In addition, we have reviewed the record and find that the transcript of the hearing on the motion to dismiss the first appeal is, indeed, a part of the record on appeal. Accordingly, there is no excuse for Popham’s failure to present an argument as to his one surviving enumeration of error. See Division 1, supra.

Accordingly, we impose a penalty of $1,000 against Popham in favor of the appellees for filing a frivolous appeal. Court of Appeals Rule 15 (b), (c).

Judgment affirmed.

Smith, P. J., and Adams, J., concur.

Popham v. Garrow
275 Ga. App. 499 621 S.E.2d 468

Case Details

Name
Popham v. Garrow
Decision Date
Aug 12, 2005
Citations

275 Ga. App. 499

621 S.E.2d 468

Jurisdiction
Georgia

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!