EVERETT v. REWIS et al., 244 Ga. 427, 260 S.E.2.d 336 (1979)
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Summary
Judgment affirmed. All the Justices concur.
Summary
Judgment affirmed. All the Justices concur.
Text
Billie K. Rewis, pro se.Arthur K. Bolton, Attorney General, for appellees.Willie Charles Everett, pro se.
There is no statutory time limitation for the filing of transcripts except in cases where the death penalty was imposed. Code Ann. 27-2401. Therefore, there was no clear legal duty to file the transcript within a particular period of days. The trial court did not err in denying the appellant's petition for writ of mandamus.
Although mandamus will not lie in the circumstances of this case, the trial court ought not to dismiss the complaint where it appears that more than a reasonable time has elapsed since the hearing. Rather, it should exercise a sound discretion in the matter and should inquire into the cause for the delay in transcription. This court cannot say on the present record that the delay was unreasonable as a matter of law or that the trial court abused its discretion in dismissing the action.
1979
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