What did the court decide?

The Court of Appeals dismissed the appeal because the appellant did not file the required enumeration of errors and brief by the court-ordered deadline.

Who is affected by this decision?

The appellant, Ergin Tek, is affected because his appeal was dismissed; the appellee, Holly Park Square Apartments, LLC, benefits because the appeal is ended.

What happens next procedurally?

With this dismissal, the appellate process in this court is ended unless the appellant successfully seeks reinstatement or relief from the dismissal in accordance with court rules.

Can this dismissal be challenged?

The appellant may seek reinstatement or file a motion for relief if grounds exist (for example, excusable neglect), but must act quickly and follow the applicable Court of Appeals rules and deadlines.

Ergin Tek v. Holly Park Square Apartments, LLC

Docket A26A1629

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

CivilDismissed

Filed: May 4, 2026 · 2 days ago
Jurisdiction: Georgia
Court: Court of Appeals of Georgia
Type: Opinion
Case type: Civil
Disposition: Dismissed
Docket: A26A1629

Appeal to the Court of Appeals dismissed for failure to file required enumeration of errors and brief following notice of docketing.

Summary

The Georgia Court of Appeals dismissed Ergin Tek's appeal from Holly Park Square Apartments, LLC because the appellant failed to comply with the court's docketing notice and Court of Appeals Rule 23(a) by not filing an enumeration of errors and brief within the required time. The court had ordered those filings by May 1, 2026; they were not filed by the May 4, 2026 order date. Citing Court of Appeals Rules 7 and 23(a) (and Rule 13), the court deemed the appeal abandoned and ordered dismissal.

Issues Decided

Whether the appeal should be dismissed for failure to comply with the Court of Appeals' docketing notice and Rule 23(a) filing requirements.
Whether the appellant's failure to file an enumeration of errors and brief within the court's deadline constitutes abandonment of the appeal.

Court's Reasoning

The court relied on its rules requiring timely filing of an enumeration of errors and brief after docketing. The appellant did not file those required documents by the court-ordered deadline (May 1, 2026). Because the procedural rules view such a failure as abandonment, the court dismissed the appeal under Court of Appeals Rules 7 and 23(a).

Authorities Cited

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

Parties

Appellant: Ergin Tek
Appellee: Holly Park Square Apartments, LLC
Judge: Court of Appeals of the State of Georgia

Key Dates

Court order setting filing deadline: 2026-04-21
deadline to file enumeration and brief: 2026-05-01
decision date / dismissal order: 2026-05-04

What You Should Do Next

1
Consult appellate counsel immediately
An attorney can assess whether there is a viable basis to move to reinstate the appeal or to seek other relief, and can prepare any required motions promptly.
2
Prepare and file a motion for reinstatement or relief from dismissal
If there is a valid excuse for the missed filing (for example, excusable neglect), prepare a motion showing cause and file it according to the Court of Appeals rules and timelines.
3
Confirm procedural deadlines
Check the Court of Appeals rules for any short deadlines to seek reinstatement or other relief and ensure all filings comply with those rules.

Frequently Asked Questions

What did the court decide?: The Court of Appeals dismissed the appeal because the appellant did not file the required enumeration of errors and brief by the court-ordered deadline.
Who is affected by this decision?: The appellant, Ergin Tek, is affected because his appeal was dismissed; the appellee, Holly Park Square Apartments, LLC, benefits because the appeal is ended.
What happens next procedurally?: With this dismissal, the appellate process in this court is ended unless the appellant successfully seeks reinstatement or relief from the dismissal in accordance with court rules.
Can this dismissal be challenged?: The appellant may seek reinstatement or file a motion for relief if grounds exist (for example, excusable neglect), but must act quickly and follow the applicable Court of Appeals rules and deadlines.

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, May 04, 2026

The Court of Appeals hereby passes the following order

A26A1629. ERGIN TEK v. HOLLY PARK SQUARE APARTMENTS, LLC.


       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 April 21, 2026, this Court ordered the appellant to file an enumeration of errors and a
brief no later than May 01, 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, May 04, 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.