Background
This is a concise Disposition notice. The public order is outcome-only and provides no substantive reasoning, no merits analysis, and no identification of any panel or authoring judge. The underlying dispute between Zantofvea Tomlin-Walker and Lyrica Robertson is not described in the order, and the order does not state the nature of the claims, the trial court’s ruling, or the issues the appellant intended to raise.
According to the order, the appellant failed to comply with the Court’s notice of docketing and with Court of Appeals Rule 23(a), which concerns the filing of an enumeration of errors and brief within twenty days after the appeal was docketed. The order also references Court of Appeals Rule 13. On October 21, 2026, the Court ordered the appellant to file an enumeration of errors and a brief no later than November 02, 2026. As of the date of the order, the appellant’s enumeration of errors and brief still had not been filed.
The Court’s Holding
The Court of Appeals deemed the appeal abandoned and ordered it DISMISSED. The order cites Court of Appeals Rules 7 and 23(a) as the basis for the dismissal. No further reasoning is provided in the public order.
The order does not address the merits of any underlying claim, does not discuss any substantive legal issue, and does not indicate whether the dismissal is with or without prejudice to any future proceedings. The order is limited to the procedural determination that the appeal was abandoned due to the appellant’s failure to file the required enumeration of errors and brief.
Key Takeaways
- The Court of Appeals of Georgia dismissed this appeal as abandoned because the appellant failed to file an enumeration of errors and brief within the time required by Court of Appeals Rule 23(a).
- The Court had previously ordered the appellant on October 21, 2026, to file the enumeration of errors and brief by November 02, 2026; the appellant did not comply.
- The dismissal is based on Court of Appeals Rules 7 and 23(a); the order provides no substantive reasoning and does not address the merits of the underlying dispute.
Why It Matters
This order illustrates the consequence of failing to comply with appellate procedural deadlines in the Georgia Court of Appeals. Practitioners should note that failure to file an enumeration of errors and brief within the time prescribed by Rule 23(a), even after a specific court order setting a deadline, will result in the appeal being deemed abandoned and dismissed.
Because the order is outcome-only and contains no substantive analysis, it has no precedential value beyond reinforcing the importance of strict compliance with appellate filing deadlines. Attorneys practicing before the Georgia Court of Appeals should ensure timely filing of all required documents to avoid dismissal of their clients’ appeals.