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JOSEPH MICHAEL HIRSCH v. CITY OF DUNWOODY

Docket A26A1386

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

CivilDismissed
Filed
Jurisdiction
Georgia
Court
Court of Appeals of Georgia
Type
Opinion
Case type
Civil
Disposition
Dismissed
Docket
A26A1386

Appeal to the Georgia Court of Appeals dismissed for failure to file an enumeration of errors and brief as required by court rules and a prior court order.

Summary

The Georgia Court of Appeals dismissed Joseph Michael Hirsch's appeal for failure to comply with the Court's docketing and briefing rules. The appellant did not file the required enumeration of errors and brief within the time ordered by the Court, despite a specific March 17, 2026 order giving a March 27, 2026 deadline. Because the filings were not received by the court, the appeal was deemed abandoned and dismissed under the Court of Appeals rules cited in the order.

Issues Decided

  • Whether the appellant's failure to file an enumeration of errors and brief within the time required by Court of Appeals Rule 23(a) and the court's order warranted dismissal of the appeal.
  • Whether noncompliance with the notice of docketing and Court of Appeals Rule 13 and Rule 7 supports deeming an appeal abandoned.

Court's Reasoning

The court applied its procedural rules requiring timely filing of an enumeration of errors and brief after docketing. The appellant failed to comply with the court's March 17, 2026 order setting a March 27, 2026 deadline and did not file the required documents by the date of this order. Under the Court of Appeals' rules, such noncompliance permits the court to deem the appeal abandoned and dismiss it.

Authorities Cited

  • Court of Appeals Rule 23(a)
  • Court of Appeals Rule 13
  • Court of Appeals Rule 7

Parties

Appellant
Joseph Michael Hirsch
Appellee
City of Dunwoody et al.
Judge
Court of Appeals of the State of Georgia (Clerk)

Key Dates

Court order setting filing deadline
2026-03-17
Deadline to file enumeration of errors and brief
2026-03-27
Dismissal order date
2026-04-07

What You Should Do Next

  1. 1

    Consult an attorney promptly

    Contact appellate counsel immediately to evaluate grounds for seeking reinstatement or relief and to prepare any required motion showing good cause for the missed deadline.

  2. 2

    File a motion for reconsideration or reinstatement if appropriate

    Prepare and file a timely motion explaining the reasons for noncompliance and any supporting evidence to ask the court to reinstate the appeal.

  3. 3

    Comply with court rules going forward

    If relief is granted, ensure strict compliance with all Court of Appeals rules and deadlines to avoid repeat dismissal.

Frequently Asked Questions

What did the court decide?
The court dismissed the appeal because the appellant did not file the required enumeration of errors and brief by the deadline set by the court and did not comply with docketing rules.
Who is affected by this decision?
The appellant, Joseph Michael Hirsch, is directly affected because his appeal was dismissed; the appellee (City of Dunwoody) is relieved of further appellate proceedings on this appeal unless the dismissal is overturned.
What happens next?
The dismissal ends the appeal unless the appellant successfully seeks reinstatement or relief from the dismissal, such as by showing good cause for the missed filings.
Can this be appealed or undone?
The appellant may seek relief from the Court of Appeals (for example, a motion to reinstate) or pursue other post-dismissal remedies if authorized by court rules, but prompt action is required and 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 07, 2026

The Court of Appeals hereby passes the following order

A26A1386. JOSEPH MICHAEL HIRSCH v. CITY OF DUNWOODY et al.


       The appellant in this case failed to comply with the notice of docketing mailed by this
Court and with Court of Appeals Rule 23 (a), regarding the filing of an enumeration of errors
and brief within twenty days after the appeal was docketed. See also Court of Appeals Rule 13.

        On March 17, 2026, this Court ordered the appellant to file an enumeration of errors and
a brief no later than March 27, 2026. As of the date of this order, the appellant's enumeration of
errors and brief still have not been filed. Accordingly, this appeal is deemed abandoned and is
hereby ordered DISMISSED. Court of Appeals Rules 7, 23 (a).



                                      Court of Appeals of the State of Georgia
                                           Clerk's Office, Atlanta, April 07, 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.