Propst v. Morgan, 708 S.E.2d 291 (Ga. 2011). · Go Syfert
Propst v. Morgan, 708 S.E.2d 291 (Ga. 2011). Cases Citing This Book View Copy Cite
“ocga 5-6-48 (c) requires the trial court to determine the length of the delay, the reasons for the delay, whether the appealing party caused the delay, and whether the delay was inexcusable, and then to exercise discretion in deciding whether to dismiss the ap- peal.”
99 citation events (99 in the last 25 years) across 2 distinct courts.
Strongest positive: Rhonda M. Newton, Court-Appointed Administrator of the Estate of Ronnie M. Cantrell v. Kaye Freeman, Court-Appointed Temporary Administrator of the Estate of Margaret Cantrell (gactapp, 2020-03-05)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 31 distinct citers.
examined Cited as authority (verbatim quote) Rhonda M. Newton, Court-Appointed Administrator of the Estate of Ronnie M. Cantrell v. Kaye Freeman, Court-Appointed Temporary Administrator of the Estate of Margaret Cantrell (3×) also: Cited "see"
Ga. Ct. App. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
the trial court's ruling will be reversed on appeal only for abuse of discretion.
discussed Cited as authority (verbatim quote) Tyler Brienza v. State (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
the trial court's ruling will be reversed on appeal only for abuse of discretion.
examined Cited as authority (quoted) Premier Pediatric Providers, LLC v. Kennesaw Pediatrics, P.C (7×) also: Cited as authority (rule), Cited "see"
Ga. · 2024 · signal: see · quote attribution · 2 verbatim quotes · confidence high
ocga 5-6-48 (c) requires the trial court to determine the length of the delay, the reasons for the delay, whether the appealing party caused the delay, and whether the delay was inexcusable, and then to exercise discretion in deciding whether to dismiss the ap- peal.
discussed Cited as authority (quoted) McRae v. Hogan (2×) also: Cited "see"
Ga. Ct. App. · 2012 · signal: see · quote attribution · 1 verbatim quote · confidence high
if ... it is later determined that the judge should have been disqualified to act in the case, all proceedings after the filing of the motion to recuse are 'invalid and of no effect.
discussed Cited as authority (quoted) Margie McRae v. Don Hogan (2×) also: Cited "see"
Ga. Ct. App. · 2012 · signal: see · quote attribution · 1 verbatim quote · confidence high
if. . . it is later determined that the judge should have been disqualified to act in the case, all proceedings after the filing of the motion to recuse are 'invalid and of no effect.
discussed Cited as authority (rule) SELITA BOYD v. FRONTIER ADJUSTERS, INC. (2×) also: Cited "see"
Ga. Ct. App. · 2024 · confidence medium
Before exercising its discretion, however, the trial court must “determine the length of the delay, the reasons for the delay, whether the appealing party caused the delay, and whether the delay was inexcusable.” Propst v. Morgan, 288 Ga. 862, 863 ( 708 SE2d 291 ) (2011); see also Webb’s Erection, 345 Ga. App. at 203 (1).
discussed Cited as authority (rule) Technology Square, LLC v. Fulton County Board of Tax Assessors
Ga. Ct. App. · 2021 · confidence medium
And as this Court has recently recognized, In order for a trial court to dismiss an appeal for unreasonable delay in the filing of the transcript or in the transmission of the record, OCGA § 5-6-48 (c) “requires the trial court to determine the length of the delay, the reasons for the delay, whether the appealing party caused the delay, and whether the delay was inexcusable, and then to exercise discretion in deciding whether to dismiss the appeal.” (Emphasis supplied.) Gruner, 320 Ga. App. at 148 (1), quoting Propst v. Morgan, 288 Ga. 862, 863 ( 708 SE2d 291 ) (2011). 15 Case Nos.
cited Cited as authority (rule) Atlantic Geoscience, Inc. v. Phoenix Development & Land Investment, LLC
Ga. Ct. App. · 2017 · confidence medium
Propst v. Morgan, 288 Ga. 862, 863 ( 708 SE2d 291 ) (2011).
cited Cited as authority (rule) Phoenix Development and Land Investment, LLC v. Atlantic Geoscience
Ga. Ct. App. · 2017 · confidence medium
Propst v. Morgan, 288 Ga. 862, 863 ( 708 SE2d 291 ) (2011).
discussed Cited as authority (rule) Jefferson Lakeside L. P. v. Allan Ali Allan (2×)
Ga. Ct. App. · 2015 · confidence medium
Propst v. Morgan, 288 Ga. 862, 863 ( 708 SE2d 291 ) (2011). 4 On appeal, the parents contend that the court reporter was at fault, asserting that “the trial court’s Official Court Reporter had failed to file the transcript, and that Appellant’s counsel had taken extensive measures to ensure that the transcript was filed.” The parents’ response to the motion to dismiss in the trial court showed that, within 30 days of their September 30, 2013 notice of appeal, their counsel contacted the court reporter by email on October 4, 2013, ordered the transcript of the hearing, and asked the r…
discussed Cited as authority (rule) Jefferson Lakeside L. P. v. Allan Ali Allan
Ga. Ct. App. · 2015 · confidence medium
Propst v. Morgan, 288 Ga. 862, 863 ( 708 SE2d 291 ) (2011). 4 On appeal, the parents contend that the court reporter was at fault, asserting that “the trial court’s Official Court Reporter had failed to file the transcript, and that Appellant’s counsel had taken extensive measures to ensure that the transcript was filed.” The parents’ response to the motion to dismiss in the trial court showed that, within 30 days of their September 30, 2013 notice of appeal, their counsel contacted the court reporter by email on October 4, 2013, ordered the transcript of the hearing, and asked the r…
cited Cited as authority (rule) Virginia J. Marshall v. Ocwen Loan Servicing LLC
Ga. Ct. App. · 2014 · confidence medium
Propst v. Morgan, 288 Ga. 862, 863 ( 708 SE2d 291 ) (2011).
discussed Cited as authority (rule) Crandall Postell v. Alfa Insurance Corporation
Ga. Ct. App. · 2014 · confidence medium
Failure to make these findings mandates that we vacate the order dismissing the appeal and remand the case with the direction that findings of fact be entered on these issues.2 1 Gruner v. Thacker, 320 Ga. App. 146, 148 (1) ( 739 SE2d 440 ) (2013), quoting Propst v. Morgan, 288 Ga. 862, 863 ( 708 SE2d 291 ) (2011) (citation omitted). 2 Rogers v. Norris, 262 Ga. App. 857 -858 (1) ( 586 SE2d 747 ) (2003) (citations and punctuation omitted); see Baker v. Southern Ry.
cited Cited as authority (rule) Postell v. Alfa Insurance
Ga. Ct. App. · 2014 · confidence medium
Gruner v. Thacker, 320 Ga. App. 146, 148 (1) ( 739 SE2d 440 ) (2013), quoting Propst v. Morgan, 288 Ga. 862, 863 ( 708 SE2d 291 ) (2011) (citation omitted).
discussed Cited as authority (rule) Central Georgia Development Group, Inc. v. Synovus Bank F/K/A Columbus Bank and Trust Company
Ga. Ct. App. · 2013 · confidence medium
We disagree. 3 OCGA § 5-6-48 (c). 4 Propst v. Morgan, 288 Ga. 862, 863 ( 708 SE2d 291 ) (2011). 5 Id. 4 The period for determining the delays begins on the day notice is received from the trial court.6 “This Court has held that a delay of more than 30 days in paying costs is prima facie unreasonable and inexcusable.”7 Here, the trial court measured the delay in calendar days between December 14, 2011, when Appellants’ law firm received the bill of costs, and January 20, 2012, when the costs were paid, and found that the delay exceeded thirty days, and thus, was prima facie unreasonable.
cited Cited as authority (rule) Central Georgia Development Group, Inc. v. Synovus Bank
Ga. Ct. App. · 2013 · confidence medium
Propst v. Morgan, 288 Ga. 862, 863 ( 708 SE2d 291 ) (2011).
discussed Cited as authority (rule) Melanie Howton Gruner v. Melody Thacker
Ga. Ct. App. · 2013 · confidence medium
In order for a trial court to dismiss an appeal for unreasonable delay in the filing of the transcript or in the transmission of the record, OCGA § 5–6–48 (c) 4 “requires the trial court to determine the length of the delay, the reasons for the delay, whether the appealing party caused the delay, and whether the delay was inexcusable, and then to exercise discretion in deciding whether to dismiss the appeal.”Propst v. Morgan, 288 Ga. 862, 863 ( 708 SE2d 291 ) (2011).
discussed Cited as authority (rule) Gruner v. Thacker
Ga. Ct. App. · 2013 · confidence medium
In order for a trial court to dismiss an appeal for unreasonable delay in the filing of the transcript or in the transmission of the record, OCGA § 5-6-48 (c) “requires the trial court to determine the length of the delay, the reasons for the delay, whether the appealing party caused the delay, and whether the delay was inexcusable, and then to exercise discretion in deciding whether to dismiss the appeal.” Propst v. Morgan, 288 Ga. 862, 863 ( 708 SE2d 291 ) (2011).
discussed Cited as authority (rule) Wilcher v. Way Acceptance Co.
Ga. Ct. App. · 2012 · signal: cf. · confidence medium
Cf. Propst v. Morgan, 288 Ga. 862, 864 ( 708 SE2d 291 ) (2011) (holding that, in those rare cases in which an appeal is dismissed under OCGA § 5-6-48 (c) by a trial judge who previously denied a recusal motion, an appellate court should consider the merits of the recusal motion before considering the merits of the trial judge’s dismissal ruling, noting further that a trial judge’s dismissal of an appeal under OCGA § 5-6-48 (c) requires a significant exercise of discretion based on findings of fact).
discussed Cited as authority (rule) Jay Wilcher v. Way Acceptance Co.
Ga. Ct. App. · 2012 · signal: cf. · confidence medium
Cf. Propst v. Morgan, 288 Ga. 862, 864 ( 708 SE2d 291 ) (2011) (holding that, in those rare cases in which an appeal is dismissed under OCGA § 5-6-48 (c) by a trial judge who previously denied a recusal motion, an appellate court should consider the merits of the recusal motion before considering the merits of the trial judge’s dismissal ruling, noting further that a trial judge’s dismissal of an appeal under OCGA § 5-6-48 (c) requires a significant exercise of discretion based on findings of fact). 16 3.
discussed Cited as authority (rule) ROIS-MENDEZ v. Stamps (2×) also: Cited "see"
Ga. Ct. App. · 2011 · confidence medium
Propst v. Morgan, 288 Ga. 862, 863-864 ( 708 SE2d 291 ) (2011).
discussed Cited "see" State v. Brienza (2×)
Ga. Ct. App. · 2019 · signal: see · confidence high
See Propst , 288 Ga. at 263 , 708 S.E.2d 291 ("The trial court's ruling will be reversed on appeal only for abuse of discretion.").
examined Cited "see" Mondy v. Magnolia Advanced Materials, Inc. (6×) also: Cited "see, e.g."
Ga. · 2018 · signal: see · confidence high
See Propst v. Morgan , 288 Ga. 862 , 864, 708 S.E.2d 291 (2011) (explaining that if a motion to recuse is improperly denied, "all proceedings after the filing of the motion" are invalid (emphasis added) ); In re Estate of Sands-Kadel , 292 Ga. App. 343 , 344, 665 S.E.2d 46 (2008) (holding that a motion to recuse did not affect a ruling made before it was filed).
examined Cited "see" MONDY v. MAGNOLIA ADVANCED MATERIALS, INC (4×) also: Cited "see, e.g."
Ga. · 2018 · signal: see · confidence high
See Propst v. Morgan, 288 Ga. 862, 864 ( 708 SE2d 291 ) (2011) (explaining that if a motion to recuse is improperly denied, “all proceedings after the filing of the motion” are invalid (emphasis supplied)); In re Estate of Sands-Kadel, 292 Ga. App. 343, 344 ( 665 SE2d 46 ) (2008) (holding that a motion to recuse did not affect a ruling made before it was filed).
examined Cited "see" CALLAWAY Et Al. v. GARNER Et Al. (3×)
Ga. Ct. App. · 2017 · signal: see · confidence high
Co. v. Taylor, 144 Ga. App. 64, 66 ( 240 SE2d 575 ) (1977) (“The failure to support the enumerated error by citation of authority or argument in the brief leaves nothing for this [C]ourt to consider and constitutes an abandonment of the error enumerated in this appeal.”). 5 HTTP Hypothermia Therapy v. Kimberly-Clark Corp., 330 Ga. App. 857, 858-59 (1) ( 768 SE2d 542 ) (2015) (punctuation omitted); accord Bush v. Reed, 311 Ga. App. 328, 331 ( 715 SE2d 747 ) (2011); see Propst v. Morgan, 288 Ga. 862, 863 ( 708 SE2d 291 ) (2011) (noting that a trial court’s ruling on whether a delay in fili…
examined Cited "see" Post v. State v. State v. State (3×)
Ga. · 2015 · signal: see · confidence high
See Propst v. Morgan, 288 Ga. 862, 864 ( 708 SE2d 291 ) (2011) (“[I]f a party files a motion to recuse a trial judge and the motion is denied, but it is later determined that the judge should have been disqualified to act in the case, all proceedings after the filing of the motion to recuse are ‘invalid and of no effect.’ ” (citation omitted)).
discussed Cited "see" Postell v. Alfa Insurance (2×)
Ga. Ct. App. · 2015 · signal: see · confidence high
See Propst v. Morgan, 288 Ga. 862, 864-865 ( 708 SE2d 291 ) (2011).
discussed Cited "see" Crandall Postell v. Alfa Insurance Corporation (2×)
Ga. Ct. App. · 2015 · signal: see · confidence high
See Propst v. Morgan, 288 Ga. 862, 864-865 ( 708 SE2d 291 ) (2011).
discussed Cited "see" Mayor of Savannah v. Batson-Cook Co. (2×)
Ga. · 2012 · signal: see · confidence high
See Morgan v. Propst, 301 Ga. App. 402 (1) (c) ( 688 SE2d 357 ) (2009), aff’d, Propst v. Morgan, 288 Ga. 862 ( 708 SE2d 291 ) (2011). (i) The affidavits accompanying the motion were legally sufficient.
examined Cited "see" Boyd v. JohnGalt Holdings, LLC (4×)
Ga. · 2012 · signal: see · confidence high
See Propst v. Morgan, 288 Ga. 862, 863 , 708 S.E.2d 291 (2011) (addressing the merits of a party's recusal motion against the trial judge is an exception to the general rule that an appellate court decides whether the trial court properly dismissed an appeal before it addresses the merits of the appeal); Durden v. Griffin, 270 Ga. 293, 294 , 509 S.E.2d 54 (1998).
examined Cited "see, e.g." Grant v. KOOBY (3×)
Ga. Ct. App. · 2011 · signal: see also · confidence low
J., Smith, P. J., Barnes, P. J., Miller, P. J., Phipps, P. J., Andrews, Mikell, Adams, Doyle, Blackwell, and McFadden, JJ., concur. 1 The appellate record does not conclusively establish that Grant ever paid the bill of costs, but for purposes of this appeal, such a determination is not necessary. 2 In this same order, the trial court gave Grant until September 3, 2010, to respond to Kooby and EHI’s motion to dismiss. 3 OCGA § 5-6-48 (c) (also granting a 20-day safe harbor period for payment of costs after receipt of bill of costs from trial court); see also Sellers v. Nodvin, 262 Ga. 205, …
PROPST Et Al.
v.
MORGAN
S10G0615.
Supreme Court of Georgia.
Mar 18, 2011.
708 S.E.2d 291
Cook & Connelly, Bobby Lee Cook, Maniklal & Dennis, Preyesh K. Maniklal, Terry D. Jackson, for appellants., Louis Levenson, Dylan Littlejohn, J. Tom Morgan, for appellee.
Nahmias.
Cited by 35 opinions  |  Published
3 passages pin-cited by 3 cases
Pinpoint authority: #30,198 of 633,719
Citer courts: Supreme Court of Georgia (2) · Court of Appeals of Georgia (2)
NAHMIAS, Justice.

We granted certiorari in this case to determine whether the Court of Appeals erred by considering the merits of Robin Morgan’s motion to recuse the trial judge before considering whether the trial judge properly dismissed Morgan’s appeal of the final judgment in the case under OCGA § 5-6-48 (c). See Morgan v. Propst, 301 Ga. App. 402, 403-404 (2) (a) (688 SE2d 357) (2009). For the reasons that follow, we affirm the Court of Appeals.

In this litigation between estates to set aside a real estate deed, Morgan filed a motion to recuse the trial judge based on her alleged personal bias against one of Morgan’s attorneys. See generally Uniform Superior Court Rules 25.1 to 25.6 (providing the procedures and standards for seeking the disqualification of a trial judge). The trial judge denied the motion, finding it untimely and the affidavit that accompanied it legally insufficient. Morgan did not seek an interlocutory appeal. See Chandler v. Davis, 269 Ga. 727, 728 (504 SE2d 440) (1998) (holding that a party desiring to appeal a pre-trial ruling on a recusal motion has the option to seek an interlocutory appeal or to appeal directly after an adverse final judgment). After a[*863] jury returned a verdict in favor of Floyd Propst, Morgan filed a notice of appeal. The trial judge, however, later dismissed the appeal pursuant to OCGA § 5-6-48 (c), finding that Morgan had unreasonably and inexcusably caused a delay in transmitting the record to the Court of Appeals due to the failure to pay costs.

On appeal, the Court of Appeals first rejected Propst’s argument that it could decide the merits of the recusal motion only if it first held that the trial court erred in dismissing the appeal. See Morgan, 301 Ga. App. at 403-404. The Court of Appeals then held that the recusal motion was timely filed and sufficient to require the trial judge to assign the motion to another judge for decision. See id. at 404-405. The Court of Appeals therefore vacated the trial court’s judgment and remanded the case for further proceedings. See id. at 405. We granted certiorari to determine whether the Court of Appeals erred by considering the recusal issue before the dismissal issue.

OCGA § 5-6-48 (c) provides that a trial court may dismiss a party’s appeal

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....

Thus, OCGA § 5-6-48 (c) requires the trial court to determine the length of the delay, the reasons for the delay, whether the appealing party caused the delay, and whether the delay was inexcusable, and then to exercise discretion in deciding whether to dismiss the appeal. The trial court’s ruling will be reversed on appeal only for abuse of discretion. See Kelly v. Dawson County, 282 Ga. 189, 189 (646 SE2d 53) (2007). Here, the trial court exercised significant discretion after holding an evidentiary hearing on the motion to dismiss, entering a 13-page order containing detailed findings of fact (including findings regarding the credibility of Morgan’s attorney) and conclusions of law. In this appeal, Morgan disputes many of those findings and conclusions.

As Propst points out, when a trial court dismisses an appeal under OCGA § 5-6-48 (c), an appellate court typically will not address the merits of the case before deciding whether the trial court properly dismissed the appeal. See, e.g., Durden v. Griffin, 270 Ga.[*864] 293, 294 (509 SE2d 54) (1998) (holding that, because the Court affirmed the trial court’s dismissal of the appeal under OCGA § 5-6-48 (c), it was unnecessary to resolve the enumerations of error regarding the merits of the case); Hatfield v. Great American Management & Investment, 258 Ga. 640, 640 (373 SE2d 367) (1988) (stating that “only if the [trial] court’s dismissal of the notice of appeal” was overturned could any questions regarding the merits of the case be raised on appeal). Propst acknowledges, however, that none of those cases involved a recusal issue.

Another line of appellate decisions holds that, if a party files a motion to recuse a trial judge and the motion is denied, but it is later determined that the judge should have been disqualified to act in the case, all proceedings after the filing of the motion to recuse are “invalid and of no effect.” Gillis v. City of Waycross, 247 Ga. App. 119, 122 (543 SE2d 423) (2000). Accord Gray v. Barlow, 241 Ga. 347, 348-349 (245 SE2d 299) (1978). Statutes and judicial codes of conduct that govern recusals “serve to maintain the integrity of the judiciary and the rule of law,” Caperton v. A. T. Massey Coal Co., _ U. S. __ (129 SC 2252, 2266, 173 LE2d 1208) (2009), by requiring disqualification, for example, where a judge’s bias is “ ‘of such a nature and intensity to prevent the defendant . .. from obtaining a (trial) uninfluenced by the court’s prejudgment.’ ” Birt v. State, 256 Ga. 483, 486 (350 SE2d 241) (1986) (citation omitted). Thus, the rationale for invalidating the decisions of a judge who should have been disqualified is that appellate courts, litigants, and the public simply cannot have confidence in the rulings of the judge in that case.

Having considered these two lines of cases, we conclude the merits of a party’s recusal motion against the trial judge must be an exception to the general rule that an appellate court will not address the merits of the appeal before deciding whether the trial court properly dismissed the appeal under OCGA § 5-6-48 (c). A trial judge’s dismissal of an appeal under OCGA § 5-6-48 (c) requires a significant exercise of discretion based on findings of fact. If dismissal is ordered by a trial judge who denied a motion to recuse but who should have recused herself or been recused on referral to another judge, the dismissal is invalid. It would undermine the integrity of the judicial process to insulate the recusal issue from review and to treat as legitimate the dismissal of an appeal by a judge who should be disqualified based on a proper consideration of a recusal motion.

We therefore hold that, in those rare cases in which an appeal is dismissed under OCGA § 5-6-48 (c) by a trial judge who previously denied a recusal motion, an appellate court should consider the merits of the recusal motion before considering the merits of the trial[*865] judge’s dismissal ruling. Thus, the Court of Appeals did not err in considering the merits of Morgan’s recusal motion before it considered the trial judge’s ruling on the motion to dismiss the appeal.

Decided March 18, 2011. Cook & Connelly, Bobby Lee Cook, Maniklal & Dennis, Preyesh K. Maniklal, Terry D. Jackson, for appellants. Louis Levenson, Dylan Littlejohn, J. Tom Morgan, for appellee.

Judgment affirmed.

All the Justices concur.