What did the court decide?

The Court of Appeals dismissed the appeal because the appellants did not file required documents by the deadline and did not ask for more time.

Who is affected by this decision?

The appellants, Hiep Thi Phan and others, are directly affected because their appeal was dismissed; the appellee, Carolyn Lee, benefits because the appeal will not proceed.

The dismissal ends this appeal at the Court of Appeals unless the appellants obtain relief from the court, such as reinstatement on narrow grounds or filing a timely motion for reconsideration if permitted.

Could the appellants get the case reinstated?

Potentially, but they would need to follow the Court of Appeals' rules for post-judgment relief, show good cause or excusable neglect for missing the deadline, and file the appropriate motion promptly; success is not guaranteed.

HIEP THI PHAN v. CAROLYN LEE

Docket A26A1474

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilDismissed

Filed: Apr 21, 2026 · 1 week ago
Jurisdiction: Georgia
Court: Court of Appeals of Georgia
Type: Opinion
Case type: Civil
Disposition: Dismissed
Docket: A26A1474

Appeal docketed in the Court of Appeals where appellants failed to file required enumerations of error and brief within the prescribed time.

Summary

The Georgia Court of Appeals dismissed an appeal in Phan v. Lee because appellants failed to file their enumerations of error and brief by the court-imposed deadline and did not request an extension. The appeal had been docketed March 6, 2026, and appellants were required to file within 20 days (by March 26, 2026). Citing Court of Appeals Rules 7 and 23(a) and precedent (Britton v. Fed. Nat’l Mortg. Ass’n), the court ordered dismissal on April 21, 2026 for noncompliance with filing requirements.

Issues Decided

Whether the appeal should be dismissed for appellants' failure to file enumerations of error and brief within the court-ordered deadline
Whether dismissal is appropriate where no motion for extension of time was filed

Court's Reasoning

The court relied on its procedural rules (Court of Appeals Rules 7 and 23(a)) requiring timely filing of enumerations and briefs and on precedent that supports dismissal for noncompliance. Because appellants missed the 20-day deadline after docketing and did not seek an extension or otherwise cure the default, dismissal was appropriate. The procedural default left the court without the filings necessary to consider the merits of the appeal.

Authorities Cited

Court of Appeals RulesRules 7 and 23(a)
Britton v. Federal National Mortgage Association307 Ga. App. 581 (705 SE2d 682) (2011)

Parties

Appellants: Hiep Thi Phan et al
Appellee: Carolyn Lee
Judge: Court of Appeals of the State of Georgia

Key Dates

Docketed: 2026-03-06
Deadline for enumerations and brief: 2026-03-26
Dismissal order date: 2026-04-21
Status checked as of: 2026-04-17

What You Should Do Next

1
Consult appellate counsel immediately
An attorney can evaluate whether grounds exist to seek reinstatement, relief from the dismissal, or other post-judgment remedies and can prepare any required motions quickly.
2
Prepare and file a motion for reinstatement or reconsideration if eligible
If there is a viable excuse (for example, excusable neglect), prepare a motion that explains the reason for the missed deadline and includes the missing filings, and file it promptly in accordance with court rules.
3
Review lower-court options
If appellate reinstatement is not possible, determine whether any relief remains available in the trial court or through other procedural mechanisms and act within any applicable deadlines.

Frequently Asked Questions

What did the court decide?: The Court of Appeals dismissed the appeal because the appellants did not file required documents by the deadline and did not ask for more time.
Who is affected by this decision?: The appellants, Hiep Thi Phan and others, are directly affected because their appeal was dismissed; the appellee, Carolyn Lee, benefits because the appeal will not proceed.
What happens next?: The dismissal ends this appeal at the Court of Appeals unless the appellants obtain relief from the court, such as reinstatement on narrow grounds or filing a timely motion for reconsideration if permitted.
Could the appellants get the case reinstated?: Potentially, but they would need to follow the Court of Appeals' rules for post-judgment relief, show good cause or excusable neglect for missing the deadline, and file the appropriate motion promptly; success 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 21, 2026

The Court of Appeals hereby passes the following order:

A26A1474. HIEP THI PHAN et al v. CAROLYN LEE.

The appeal of the above-referenced case was docketed on March 6, 2026, and
the Appellants were notified that their enumerations of error and brief were due
within 20 days of docketing (i.e., by March 26, 2026). As of April 17, 2026, Appellants
have failed to file their enumerations of error and brief and have not moved for an
extension of time in which to file. Accordingly, pursuant to Court of Appeals Rules
7 and 23(a), this appeal is hereby DISMISSED. See Britton v. Fed. Nat’l Mortg. Ass’n,
307 Ga. App. 581, 582(1) (705 SE2d 682) (2011).

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/21/2026
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.