Opinion
50979.
SUBMITTED SEPTEMBER 8, 1975.
DECIDED SEPTEMBER 26, 1975. REHEARING DENIED OCTOBER 9, 1975.
Action for damages. Walker Superior Court. Before Judge Painter.
Aynes, Burger, Genins Kirby, William I. Aynes, for appellant.
Rogers, Magruder Hoyt, Karl M. Kothe, Dennis D. Watson, for appellee.
This case was filed in this court on May 28, 1975. Counsel was immediately notified that the enumeration of errors must be filed within 20 days from that date. Enumeration of errors was not filed within the 20 days, and on June 30, 1975 (33 days later), the clerk, by order, notified counsel for the appellant to file its enumeration of errors and brief no later than 4:30 p. m., July 5, 1975. The enumeration of errors was thereafter filed in the court on July 10, 1975, some 23 days late, and 5 days after the court had notified counsel by order to file enumeration of errors or stand dismissed. Under Rule 14 (a) (Code Ann. § 24-3614), the failure to comply with an order of this court directing the filing of enumeration of errors shall cause the appeal to be dismissed. Therefore, the motion to dismiss is granted. See Rentfrow v. Smith, 225 Ga. 493 ( 169 S.E.2d 807); Williams v. Gwinnett St. Inv. Co., 121 Ga. App. 133 ( 173 S.E.2d 231).
Appeal dismissed. Deen, P. J., and Stolz, J., concur.