GARY D. JAMES v. CMC REAL ESTATE GROUP LLC
Docket A26A1631
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
- A26A1631
Appeal to the Georgia Court of Appeals in which the appellant failed to file an appellate brief and enumerations of error as ordered.
Summary
The Georgia Court of Appeals dismissed Gary D. James's appeal for failure to file his brief and enumerations of error by the deadline set under Court of Appeals Rule 23(a) and a subsequent court order. The court had given James until 4:30 P.M. on April 27, 2026, to file the required materials and warned that failure to comply would result in dismissal. Because James did not comply, the court dismissed the appeal and cited Tolbert v. Tolbert as authority supporting dismissal for noncompliance with appellate deadlines.
Issues Decided
- Whether the appeal should be dismissed for failure to file the brief and enumerations of error by the court-ordered deadline.
- Whether dismissal is appropriate under Court of Appeals Rule 23(a) and relevant precedent for noncompliance with filing orders.
Court's Reasoning
The court relied on the appellant's failure to meet a clear deadline established by Rule 23(a) and its specific order setting a final filing time. The court had expressly warned that failure to comply would result in dismissal, and the appellant did not file the required documents by the deadline. Under controlling precedent, dismissal is an appropriate sanction for such noncompliance.
Authorities Cited
- Court of Appeals Rule 23(a)
- Tolbert v. Tolbert234 Ga. 708 (217 SE2d 162) (1975)
Parties
- Appellant
- Gary D. James
- Appellee
- CMC Real Estate Group LLC
- Judge
- Court of Appeals of the State of Georgia (Clerk)
Key Dates
- Court order deadline to file brief
- 2026-04-27
- Court of Appeals order date (decision)
- 2026-04-28
What You Should Do Next
- 1
Consider filing a motion to reinstate or for reconsideration
If there is a credible, timely excuse for missing the deadline, the appellant should promptly consult counsel and consider filing a motion explaining the reasons and requesting reinstatement of the appeal.
- 2
Consult an attorney immediately
A lawyer can evaluate whether grounds exist (for example, excusable neglect or other extraordinary circumstances) to seek reinstatement or relief and can prepare any necessary motions.
- 3
Determine effect on underlying judgment
Parties should confirm that the trial court's judgment remains in effect and review any deadlines for post-judgment relief or enforcement actions that may follow the dismissal.
Frequently Asked Questions
- What did the court decide?
- The Court of Appeals dismissed the appeal because the appellant did not file the required brief and enumerations of error by the court-imposed deadline.
- Who is affected by this decision?
- Appellant Gary D. James is directly affected because his appeal has been dismissed; the appellee (CMC Real Estate Group LLC) benefits from the dismissal.
- What happens next after dismissal?
- Dismissal typically ends the appeal, leaving the lower court's judgment in place unless the appellant seeks and obtains reinstatement or other relief.
- Can this decision be appealed?
- There may be limited options to seek reconsideration or reinstatement from the Court of Appeals by showing good cause for the missed deadline, but further appellate review is not guaranteed.
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 28, 2026
The Court of Appeals hereby passes the following order:
A26A1631. GARY D. JAMES v. CMC REAL ESTATE GROUP LLC, et al.
After appellant Gary James failed to file his brief and enumerations of error
within the time provided by Court of Appeals Rule 23(a), this Court ordered James
to file his brief and enumeration of errors no later than 4:30 P.M. on April 27, 2026.
We cautioned that his failure to file by that time “shall result in dismissal of the
appeal.” James has failed to timely comply with this Court’s order and this appeal is
hereby DISMISSED. See Tolbert v. Tolbert, 234 Ga. 708 (217 SE2d 162) (1975).
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/28/2026
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.