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Strom v. London

The court dismissed the appellants' appeal for failure to file enumerations of error.

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Appellants Priscilla Strom and Gainesville Surgical Associates have failed to file an enumeration of errors as required by OCGA § 5-6-40, either separately or as part of their brief. See Georgia Court of Appeals Rule 22 a enumeration of errors shall be Part 2 of appellant’s brief and need not be filed separately & Rule 27 a 2 Part 2 of the appellant’s brief shall consist of the enumeration of errors. “This Court and the Supreme Court of Georgia have made clear that failure to file an enumeration of errors requires dismissal of an appeal. . . . Cits.” Miles v. Emmons, 234 Ga. App. 487, 487 507 SE2d 762 1998; see Lowery v. Smith, 225 Ga. 814, 814 171 SE2d 500 1969 “The appellant has failed to file an enumeration of errors, as is required by the Appellate Practice Act. Cits. Therefore the appeal must be dismissed.” Cf. Felix v. State, 271 Ga. 534, 539 523 SE2d 1 1999 “In order for a Georgia appellate court to review a trial court ruling for legal error, a party must set forth in the enumeration of errors the allegedly erroneous ruling. OCGA § 5-6-40. The appellate court is precluded from reviewing the propriety of a lower court’s ruling if the ruling is not contained in the enumeration of errors. Cits.” Accordingly, this appeal must be dismissed.

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