Swertfeger v. Barber
Swertfeger v. Barber
Opinion of the Court
Claiming that he was entitled to an attorney fee award of $18,716, Jack Swertfeger appeals the trial court’s order granting his fee request, but limiting his recovery to $2,320.
On October 2, 2003, Swertfeger requested a 20-day extension of time in which to file his brief, through andincluding October 27,2003. We denied that motion on October 6,2003. Rather than filing his brief by October 7, 2003, Swertfeger waited until October 30, 2003, to
Under Court of Appeals Rule 26 (a), an appellant’s failure to timely file a brief “may subject the appeal to dismissal, and may subject the offender to contempt.” A party who breaches this Court’s rules also may be disbarred from the Court of Appeals.
Swertfeger claims that we cannot dismiss an appeal that has “merit,” regardless of whether the appellant complies with our filing rules. The rules, however, specifically authorize such dismissal, and the notice of docketing warned Swertfeger of this consequence.
The record shows that Swertfeger completely disregarded the briefing schedule applicable to this appeal. Without explanation, he ignored our order denying his motion for extension of time and waited 23 days after the due date to file his brief. Accordingly, this appeal is dismissed, and the judgment of the trial court stands as issued.
Appeal dismissed.
Although Swertfeger is the only named appellant in this appeal, he apparently is acting in three capacities: individually, as Commissioner of the Georgia Civil War Commission, and on behalf of all members of the public.
See Court of Appeals Rule 7.
See Court of Appeals Rules 7,26 (s.);Falice v. Brightwell, 219 Ga. App. 163-164 (465 SE2d 730) (1995).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.