Golden v. State , 190 Ga. App. 477 ( 1989 )

Deen, Presiding Judge,

dissenting.

In the notice of docketing dated September 15, 1988, the appellant was instructed by notice and order to file an enumeration of errors and brief within 20 days of the docketing. No such filing having been made, on October 18, 1988, this court again ordered the appellant to file an enumeration of errors and brief by no later than 4:30 p.m. on October 27, 1988. The appellant filed a brief on October 28, 1988, and an enumeration of errors as follows: “Enumeration of Errors: None.” The appellant’s brief thus was a day late and an enumeration short.

The majority opinion addresses matters not even enumerated as error. The appellant failed to comply twice with the instructions of this court, the second time especially being an order specifying that “[fjailure to comply with this order may result in dismissal of the appeal and may also subject the offender to contempt.” Previous-mentioned sanctions of contempt and dismissal are not suggested in the majority opinion. Under the circumstances, rather than discuss matters not even enumerated as error, and in order to feed all appellants out of the same spoon, this court must dismiss the appeal for noncompliance with two orders of this court. See Taylor v. Columbia County Planning Comm., 232 Ga. 155 (205 SE2d 287) (1974).

I also concur fully with the dissent of Judge Beasley, as she makes several good points. The legislative and judicial branches of government are separate but co-equal. Our latter branch of government enhances respect for the former, as we require that all legislative directions to all parties engaged in appeals be strictly adhered to. On the other hand, since we do not require strict compliance with directions of our own judicial branch, Judge Beasley is correct in stating that “it subjects the court to disrespect for not enforcing its orders.” Compare In the Interest of M. O. B., 190 Ga. App. 474 (378 SE2d 898) (1989) (Deen, P. J., concurring specially.) Accordingly, I must respectfully dissent.

I am authorized to state that Presiding Judge Banke joins in this dissent.