Background
Dante D. Wicker filed a notice of appeal on December 10, 2025, challenging the trial court’s order granting summary judgment to Mainstreet Community Services Association, Inc.
In July 2026, the trial court ordered Wicker to show cause why the appeal should not be dismissed because of his delay in paying appeal costs under OCGA § 5-6-48(c). After a hearing, the trial court dismissed the appeal on July 31, 2026. The Court of Appeals nevertheless docketed the appeal on August 4, 2026.
The Court’s Holding
The Court of Appeals held that the appeal had been docketed in error because the trial court had already dismissed it.
The appellate court therefore dismissed the mistakenly docketed appeal. Its order did not review the summary-judgment ruling or the merits of the trial court’s dismissal for delayed payment of appeal costs.
Key Takeaways
- The trial court dismissed Wicker’s appeal after a hearing concerning his delay in paying appeal costs.
- The Court of Appeals docketed the matter after the trial court had dismissed the appeal.
- The appellate court dismissed the case solely because it had been docketed in error.
Why It Matters
The order underscores that administrative docketing by an appellate court does not revive an appeal that the trial court has already dismissed. It also illustrates the potential consequence of delaying payment of appeal costs under Georgia appellate procedure.