Postell v. Alfa Ins. Corp.

Appellants Crandall Postell and Sharon Davis commenced an action in the trial court asserting tort and breach of contract claims against Alfa Insurance Corporation, Davis’ home insurer, American Home Shield Corporation, which provided a home warranty plan for Davis’ home, and other defendants collectively, “Appellees”. The trial court entered an order on February 28, 2013 by which it 1 entered judgment on a jury verdict in Davis’ favor on one of her contractual claims against Alfa and 2 granted a directed verdict for Appellees as to all other claims. Appellants filed a notice of appeal, but the trial court thereafter granted Appellees’ motion to dismiss the appeal under OCGA § 5-6-48 c. In Postell v. Alfa Ins. Corp., 327 Ga. App. 194 757 SE2d 661 2014, we vacated the trial court’s dismissal order and remanded the case because the trial court failed to make the requisite findings to allow us to determine whether the trial court properly exercised its discretion. Following remand, the trial court entered a more detailed order dismissing the appeal. Appellants appeal pro se, arguing that the trial court abused its discretion in dismissing the appeal and erred in denying their motion to recuse the trial judge. For the reasons that follow, we affirm.

The record shows that Appellants filed a notice of appeal on March 22, 2013 requesting that the trial court clerk “omit nothing” from the record on appeal. On March 26, 2013, the trial court clerk sent an invoice for the cost of preparing the record on appeal to Appellants by certified mail. On April 12, 2013, Appellants filed an amended notice of appeal specifying that the record on appeal should omit nothing and should include the “trial court transcript and all exhibits.” Appellees filed their motion to dismiss the appeal on May 28, 2013 based on Appellants’ alleged unreasonable and inexcusable delay in filing the trial transcript and in paying the costs of the appeal. On May 31, 2013, Appellants’ counsel wrote to the trial court, stating that she was retained on April 30, 2013 and requesting an extension of time for obtaining the trial transcripts.