On Motion for Rehearing.
The motion for a rehearing consists solely of a motion to dismiss the appeal on the ground that the transcript of evidence was not filed in this court within the time required by law. A purported transcript was filed in this court in due time. A carbon copy, rather than the original, of the transcript, was sent to the clerk of this court and returned by him to the clerk of the trial court for the substitution of the original for the copy. The original transcript reached this court beyond the time fixed by law for its filing. There is no certificate by the trial court clerk that the delay was due to his mistake. However, the correspondence between the clerk of this court and the clerk of the trial court shows that the transmission of the carbon copy of the transcript was sent to this court through the inadvertence of the clerk of the trial court and that the late transmission of the original of the transcript was not due to the appellant’s negligence or fault. The motion to dismiss is denied. Code Ann. § 6-809 (b) (Ga. L. 1968, pp. 1072-1074).
The motions to dismiss and for rehearing are denied.