Premier Pediatric Providers, LLC v. Kennesaw Pediatrics, P.C

Summary

The Supreme Court of Georgia held that both the predicate findings under OCGA § 5-6-48 (c) and the ultimate decision whether to dismiss an appeal are reviewed for abuse of discretion, while subsidiary legal conclusions and factual findings receive their respective standards of review. Applying that standard, the trial court acted within its discretion in finding Premier's transcript delay excusable and denying dismissal. The Court of Appeals therefore could not dismiss the appeal itself, and its decision was reversed in part and vacated in part with a remand for further proceedings.