Background
Byron Francis appealed in a case against Simon Kendrick. After the appeal was docketed, Francis failed to comply with the court’s docketing notice and Court of Appeals Rule 23 (a), which required him to file an enumeration of errors and an appellate brief within 20 days.
On September 30, 2026, the Court of Appeals ordered Francis to file both documents by October 13, 2026. Neither had been filed when the court issued its order the following day.
The Court’s Holding
The Court of Appeals deemed the appeal abandoned because Francis failed to file an enumeration of errors and a brief despite receiving an additional deadline from the court.
The court dismissed the appeal under Court of Appeals Rules 7 and 23 (a). It did not address the merits of the underlying dispute.
Key Takeaways
- An appellant must timely file an enumeration of errors and an appellate brief after docketing.
- Failure to comply with a court-imposed filing deadline can cause an appeal to be deemed abandoned.
- The dismissal was procedural and did not resolve the underlying merits.
Why It Matters
The order underscores that appellate filing requirements are enforceable deadlines, not mere formalities. An appellant who fails to submit the required documents—even after receiving a specific compliance order—risks dismissal before any substantive issue is considered.