Background
Desiree Mack appealed in a case against Rite At Home Atlanta, LLC and others. After the appeal was docketed, Mack failed to comply with the court’s docketing notice and Court of Appeals Rule 23 (a), which required her to file an enumeration of errors and an appellate brief within 20 days.
On July 23, 2026, the Court of Appeals ordered Mack to file the required enumeration of errors and brief by August 3, 2026. Neither filing had been submitted by August 12, 2026, when the court issued its order.
The Court’s Holding
The Court of Appeals deemed the appeal abandoned and dismissed it under Court of Appeals Rules 7 and 23 (a). The dismissal followed Mack’s failure to make the required filings despite the court’s express order establishing a deadline.
The court did not address the merits of Mack’s claims or any alleged errors by the trial court. Its ruling was solely a procedural dismissal based on the appellant’s failure to prosecute the appeal.
Key Takeaways
- An appellant must timely file an enumeration of errors and brief after an appeal is docketed.
- Failure to comply with both the docketing notice and a subsequent court order can cause an appeal to be deemed abandoned.
- A dismissal for abandonment ends the appeal without review of its merits.
Why It Matters
The order illustrates the consequences of missing appellate filing deadlines in Georgia. Even after receiving an additional court-ordered deadline, an appellant who fails to submit the required enumeration of errors and brief risks dismissal without substantive review.