Background
Aguirre’s appeal was docketed in the Court of Appeals of Georgia on May 15, 2026. On May 27, Aguirre requested additional time to file his enumeration of errors and appellate brief.
The court granted the request and extended the filing deadline to June 26, 2026. As of August 7, however, Aguirre had neither filed the required documents nor requested another extension.
The Court’s Holding
The Court of Appeals dismissed the appeal under Court of Appeals Rules 7 and 23(a) because Aguirre failed to file his enumeration of errors and brief.
The court cited Britton v. Federal National Mortgage Association, 307 Ga. App. 581, 582(1) (705 SE2d 682) (2011), in support of the dismissal.
Key Takeaways
- An appellant must timely file an enumeration of errors and appellate brief.
- A granted extension does not excuse failure to meet the extended deadline.
- Failure to file the required documents or seek another extension can result in dismissal of the appeal.
Why It Matters
The order underscores that compliance with appellate filing deadlines is essential. Even after receiving an extension, an appellant risks dismissal by allowing the extended deadline to pass without filing or requesting further relief.