What did the court decide?

The Court of Appeals dismissed the appeal because the appellant failed to file the required brief by the deadline and did not request more time.

Does this decision rule on the original summary judgment?

No. The appellate court dismissed the appeal on procedural grounds and did not address the merits of the trial court's summary judgment.

Who is affected by this dismissal?

The appellant, Tamera Montgomery, is affected because her opportunity to have the summary judgment reviewed is ended unless she obtains relief; the appellee, Milton Ruben Toyota of Augusta, remains the prevailing party for now.

Can this dismissal be undone?

Potentially, but only by filing a motion for reconsideration or other appropriate relief in the Court of Appeals explaining the missed deadline and requesting reinstatement; success is not guaranteed and depends on the court's rules and the reasons given.

Tamera Montgomery v. Milton Ruben Toyota of Augusta

Docket A26A1575

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

CivilDismissed

Filed: Apr 22, 2026 · 1 week ago
Jurisdiction: Georgia
Court: Court of Appeals of Georgia
Type: Opinion
Case type: Civil
Disposition: Dismissed
Docket: A26A1575

Appeal from the trial court's grant of summary judgment, dismissed for failure to file an appellant brief.

Summary

The Georgia Court of Appeals dismissed Tamera Montgomery’s appeal of a trial court order granting summary judgment to Milton Ruben Toyota of Augusta because Montgomery failed to file her appellant brief by the April 13, 2026 deadline and did not request an extension. The appeal had been docketed March 23, 2026, and under Court of Appeals Rule 23(a) the court dismissed for failure to prosecute. The order is procedural — the appellate court did not address the merits of the summary judgment ruling.

Issues Decided

Whether the appeal should be dismissed for failure to file the appellant's brief by the court-ordered deadline.
Whether an extension of time had been requested or granted for filing the brief.

Court's Reasoning

The court applied its procedural rule (Court of Appeals Rule 23(a)) requiring timely filing of the appellant's brief and permitting dismissal when a party fails to file or seek an extension. Montgomery missed the April 13, 2026 deadline after the appeal was docketed March 23, 2026, and no extension request was made, so dismissal for failure to prosecute was appropriate. The court therefore did not reach the underlying merits of the summary judgment decision.

Authorities Cited

Court of Appeals Rule 23(a)

Parties

Appellant: Tamera Montgomery
Appellee: Milton Ruben Toyota of Augusta
Judge: Court of Appeals of the State of Georgia

Key Dates

Appeal docketed: 2026-03-23
Appellant brief due: 2026-04-13
Court order dismissing appeal: 2026-04-22

What You Should Do Next

1
Consult appellate counsel immediately
An attorney can advise whether there are grounds to move for reinstatement, rehearing, or other relief and can prepare any required filings quickly.
2
Prepare and file a motion for reinstatement or reconsideration if appropriate
If there was a good cause or excusable neglect for missing the deadline, file a motion promptly under the Court of Appeals rules explaining the reason and attaching a proposed brief.
3
Evaluate alternative remedies in trial court
If reinstatement is not available, consider whether any post-judgment relief remains in the trial court (e.g., motion to alter or vacate the summary judgment) and consult counsel about those options.

Frequently Asked Questions

What did the court decide?: The Court of Appeals dismissed the appeal because the appellant failed to file the required brief by the deadline and did not request more time.
Does this decision rule on the original summary judgment?: No. The appellate court dismissed the appeal on procedural grounds and did not address the merits of the trial court's summary judgment.
Who is affected by this dismissal?: The appellant, Tamera Montgomery, is affected because her opportunity to have the summary judgment reviewed is ended unless she obtains relief; the appellee, Milton Ruben Toyota of Augusta, remains the prevailing party for now.
Can this dismissal be undone?: Potentially, but only by filing a motion for reconsideration or other appropriate relief in the Court of Appeals explaining the missed deadline and requesting reinstatement; success is not guaranteed and depends on the court's rules and the reasons given.

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 22, 2026

The Court of Appeals hereby passes the following order:

A26A1575. MONTGOMERY v. MILTON RUBEN TOYOTA OF AUGUSTA.

Tamera Montgomery filed a notice of appeal from the trial court’s order
granting Milton Ruben Toyota of Augusta summary judgment in this matter. The
appeal was docketed on March 23, 2026, and Montgomery’s brief of appellant was
due 20 days later, on April 13, 2026. The deadline has passed, and Montgomery has
not filed a brief or requested an extension of time. Accordingly, Montgomery’s appeal
is hereby DISMISSED for failure to file a brief. See Court of Appeals Rule 23(a).

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/22/2026
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.