ASLAM GILANI v. EPIC AMUSEMENT, LLC
Docket A26A1465
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Georgia
- Court
- Court of Appeals of Georgia
- Type
- Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Docket
- A26A1465
Appeal docketed in the Court of Appeals; court reviewed whether the appeal should proceed after appellants failed to file the required appellate brief by the extended deadline.
Summary
The Georgia Court of Appeals dismissed the appeal in Aslam Gilani and Peak Amusement, LLC v. Epic Amusement, LLC for failure to file the required appellate brief and enumeration of errors. The appeal was docketed March 5, 2026; appellants requested and received an extension to April 7, 2026, with a warning that failure to file by 4:30 p.m. would result in dismissal. Because the appellants did not file the brief by the extended deadline, the court dismissed the appeal pursuant to its rules and controlling precedent.
Issues Decided
- Whether the appeal should be dismissed for failure to file the appellate brief and enumeration of errors by the extended deadline provided by the Court of Appeals.
- Whether the court's prior order warning that failure to file by the deadline would result in dismissal was enforceable.
Court's Reasoning
Court of Appeals Rule 23(a) requires an appellate brief within 20 days of docketing unless extended. The appellants obtained an extension to April 7, 2026, and the court explicitly warned that failure to file by 4:30 p.m. would result in dismissal. Because the appellants did not file the brief and enumeration by that deadline, the court applied its rules and precedent (Tolbert v. Tolbert) and dismissed the appeal for noncompliance.
Authorities Cited
- Court of Appeals RulesRules 13, 16(b), 23(a)
- Tolbert v. Tolbert234 Ga. 708 (217 SE2d 162) (1975)
Parties
- Appellant
- Aslam Gilani
- Appellant
- Peak Amusement, LLC
- Appellee
- Epic Amusement, LLC
- Judge
- Court of Appeals of the State of Georgia (Clerk's Office)
Key Dates
- docketed
- 2026-03-05
- original brief due (20 days after docketing)
- 2026-03-25
- extended brief deadline
- 2026-04-07
- order date / dismissal
- 2026-04-08
What You Should Do Next
- 1
Consult appellate counsel immediately
Appellants should contact an appellate attorney at once to evaluate whether grounds exist to move to reinstate the appeal or to seek other post-dismissal relief.
- 2
Prepare and file a motion for reinstatement or reconsideration
If counsel identifies excusable neglect or other valid reasons for the missed filing, prepare a timely motion explaining the failure and requesting reinstatement under the Court of Appeals' rules.
- 3
Preserve record and prepare alternative options
Gather filings, proof of any attempted filings or technical problems, and consider whether to seek relief in the trial court or other procedural remedies if appellate reinstatement is unavailable.
Frequently Asked Questions
- What did the court decide?
- The Court of Appeals dismissed the appeal because the appellants failed to file their appellate brief and enumeration of errors by the extended deadline.
- Who is affected by this decision?
- The appellants (Aslam Gilani and Peak Amusement, LLC) are directly affected because their appeal is dismissed; the appellee (Epic Amusement, LLC) benefits from the dismissal.
- What happens next procedurally?
- The dismissal ends the appellate review unless the appellants take further action permitted by court rules, such as seeking reinstatement or filing a timely motion for reconsideration if allowed.
- Can the appellants revive the appeal?
- Possibly, but only by following the Court of Appeals' rules for reopening or reinstating a dismissed appeal, which generally require prompt motion and a showing of excusable neglect or other grounds.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Court of Appeals
of the State of Georgia
ATLANTA,____________________
April 08, 2026
The Court of Appeals hereby passes the following order:
A26A1465. ASLAM GILANI et al v. EPIC AMUSEMENT, LLC.
Aslam Gilani and Peak Amusement, LLC filed a notice of appeal in this action,
and the appeal was docketed on March 5, 2026. As set forth in Court of Appeals Rule
23(a), an appellant must file a brief within 20 days after the appeal is docketed.
Therefore, the appellants’ brief was due no later than March 25, 2026. The appellants
filed a timely motion for an extension of time to file their appellate brief, and this
Court granted the motion, extending the deadline for the appellants to file their brief
and enumeration of errors to April 7, 2026. Our order indicated that “[f]ailure to file
by 4:30 p.m. on that date shall result in dismissal of their appeal.” To date, the
appellants have not filed their appellate brief and enumeration of errors. Accordingly,
this appeal is hereby DISMISSED. See Tolbert v. Tolbert, 234 Ga. 708 (217 SE2d
162) (1975); Court of Appeals Rules 13, 16(b), 23(a).
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/08/2026
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.
, Clerk.