McGarvey-Wilkins v. Nissan Marietta LLC - Appeal Dismissed
Summary
The Georgia Court of Appeals dismissed appeal A26A1392 in McGarvey-Wilkins v. Nissan Marietta, LLC. The appellant failed to file a timely initial brief complying with Court rules and did not demonstrate good cause for the failure. The dismissal cites Court of Appeals Rule 23(a), which permits dismissal for failure to file a timely initial brief.
What changed
The Court of Appeals dismissed appeal A26A1392 due to the appellant's failure to comply with procedural filing requirements. The appellant filed deficient indigency evidence, failed to include a proper affidavit, and ultimately did not submit a filing fee or compliant affidavit of indigency along with an adequate certificate of service. Court of Appeals Rule 23(a) allows dismissal where an appellant fails to file a timely initial brief without showing good cause.
Affected parties in similar cases should ensure compliance with Georgia Court of Appeals procedural rules, including filing fees or proper affidavits of indigency, adequate certificates of service, and timely initial briefs. This dismissal does not establish precedent and has no binding effect beyond the parties involved.
What to do next
- Monitor for updates if seeking to refile
Archived snapshot
Apr 15, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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April 15, 2026 Get Citation Alerts Download PDF Add Note
CHAPRON MCGARVEY-WILKENS v. NISSAN MARIETTA, LLC
Court of Appeals of Georgia
- Citations: None known
- Docket Number: A26A1392
Disposition: Dismissed
Disposition
Dismissed
Combined Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
April 15, 2026
The Court of Appeals hereby passes the following order:
A26A1392. McGARVEY-WILKINS v. NISSAN MARIETTA, LLC et al.
This appeal is taken from an order of the Georgia State-Wide Business Court
denying appellant McGarvey-Wilkins’s request to proceed as an indigent. On
February 28, 2026, appellant filed “evidence of indigency” in this Court, which was
rejected because it did not include a proper affidavit of indigency. On March 19, this
Court ordered appellant to file an initial brief. On March 30, appellant’s filings were
again rejected for not including a filing fee or an affidavit of indigency and for an
inadequate certificate of service. See Court of Appeals Rules 5 and 6.
As we noted in our March 19 order, Court of Appeals Rule 23 (a) provides that
an appellant’s failure to file a timely initial brief, “unless extended upon motion for
good cause shown, may result in the dismissal of the appeal.” Because appellant has
not filed an initial brief that complies with the rules of this Court and has not shown
good cause for failing to do so, this appeal is DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/15/2026
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.
Named provisions
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