Benjamin Mendez Pimentel, Jr. v. Araceli Luna Morquecho
Docket A26A1583
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
- A26A1583
Appeal dismissed for failure to file an appellate brief and enumerations of error by the deadline.
Summary
The Georgia Court of Appeals dismissed the appeal in Pimentel v. Morquecho because the appellant failed to file a required brief and enumerations of error by the court's deadline of April 13, 2026. The court issued a formal order on April 20, 2026, noting the missed filing and entered dismissal as the disposition. No opinion on the merits was reached because the procedural default (failure to file required appellate documents) warranted dismissal.
Issues Decided
- Whether the appeal should proceed despite the appellant's failure to file a brief and enumerations of error by the court-ordered deadline
- Whether dismissal is an appropriate consequence for not complying with appellate filing requirements
Court's Reasoning
The court dismissed the appeal based on the appellant's procedural failure to file required appellate materials by the set deadline. Courts may dismiss appeals when appellants do not comply with mandatory filing rules because the appellate process depends on timely submissions to permit review. Because the required brief and enumerations were not filed by April 13, 2026, the court entered dismissal rather than addressing the merits.
Parties
- Appellant
- PIMENTEL
- Appellee
- MORQUECHO
- Judge
- Court of Appeals of the State of Georgia
Key Dates
- brief filing deadline
- 2026-04-13
- court order date
- 2026-04-20
What You Should Do Next
- 1
Consult appellate counsel immediately
A lawyer can evaluate whether grounds exist to file a motion to reinstate the appeal or for reconsideration, and can prepare any necessary filings under the court's rules.
- 2
Prepare a motion to reinstate or for relief from dismissal
If appropriate, the appellant should promptly file a motion showing good cause for the missed deadline and attach the required brief and enumerations if the court allows late filing.
- 3
Verify local rules and deadlines
Confirm the Court of Appeals' rules and any short statutory deadlines for seeking reinstatement or further relief so filings are timely.
Frequently Asked Questions
- What does this dismissal mean?
- It means the Court of Appeals ended the appeal without deciding the case on its merits because the appellant did not file the required appellate brief and enumerations of error by the deadline.
- Who is affected by this order?
- The appellant (Pimentel) is directly affected because their appeal is dismissed; the appellee (Morquecho) benefits because the appellate challenge is ended for now.
- Can this be appealed or reopened?
- Possibly; the appellant may seek reinstatement or file a motion for reconsideration or to reopen if allowed by court rules, but relief is not guaranteed and must show good cause for the missed filing.
- What happens next in the underlying case?
- Unless the appellant successfully seeks reinstatement, the dismissal likely leaves the lower-court judgment in place and ends appellate review.
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 20, 2026
The Court of Appeals hereby passes the following order:
A26A1583. PIMENTEL v. MORQUECHO.
Because the Appellant has failed to file a brief and enumerations of error by the
due date of April 13, 2026, the above-referenced case is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/20/2026
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.