Houed-Cartacio v. State — Georgia Court of Appeals dismissed the appeal as abandoned

Case
Jorge A. Houed-Cartacio v. The State
Court
Court of Appeals of Georgia
Judge
Not specified
Date Decided
September 4, 2026
Docket No.
A27A0086
Topics
Appellate Procedure; Abandonment; Dismissal
Source
Read the full opinion

Background

Jorge A. Houed-Cartacio appealed to the Court of Appeals of Georgia but did not comply with the court’s notice of docketing or Court of Appeals Rule 23 (a), which required him to file an enumeration of errors and an appellate brief within 20 days after the appeal was docketed.

On August 18, 2026, the court ordered Houed-Cartacio to file the required enumeration of errors and brief by August 28, 2026. Neither document had been filed by September 4, 2026, when the court issued its order.

The Court’s Holding

The Court of Appeals deemed the appeal abandoned because Houed-Cartacio failed to file an enumeration of errors and brief despite the original filing requirement and the court’s subsequent order setting a specific deadline.

The court therefore dismissed the appeal under Court of Appeals Rules 7 and 23 (a). The order did not address the merits of Houed-Cartacio’s underlying claims.

Key Takeaways

  • An appellant must timely file an enumeration of errors and brief after an appeal is docketed.
  • Failure to comply with both the applicable appellate rules and a direct filing order may result in the appeal being deemed abandoned.
  • The dismissal was procedural and did not resolve the merits of the appeal.

Why It Matters

The order underscores that compliance with appellate briefing deadlines is essential in Georgia. An appellant who fails to submit the documents necessary to identify and support alleged errors risks dismissal without any review of the underlying judgment.

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