The appellant, Dorothy Rutledge, brought this action for the wrongful death of her son against appellees Northbank Liquor Store, Inc., and its employee, Larry C. Budnick. Appellant alleged that appellee Budnick shot and killed her son, who was an invitee in the appellee Northbank Liquor Store. She alleged that at the time of the shooting, Budnick was an employee of appellee liquor store and was acting within the scope of his employment.
This court has no choice but to dismiss this case. Thomas v. Ragle, 173 Ga. App. 367 (326 SE2d 488) (1985); Farivar v. Yekta, 166 Ga. App. 676 (305 SE2d 422) (1983). The appeal was docketed here on March 11, 1985, and the brief and enumeration of errors should have been filed no later than April 1, 1985. On April 8, 1985, under Rule 27 (a) and Rule 14 of this court, counsel for the appellant was ordered to file an enumeration of errors and brief no later than 4:30 p.m., April 15, 1985, and was instructed that a failure to comply would subject this case to dismissal. The documents were actually filed at 4:14 p.m. on April 17, 1985.
Generally, this court has hesitated to dismiss criminal cases for failure to comply with an order to file. See, for example, Parrish v. State, 164 Ga. App. 575, 576 (298 SE2d 558) (1982), wherein this court noted that “[although we proceeded to the merits in this case, this court would have been justified in dismissing the appeal and considering a finding of contempt, pursuant to Court of Appeals Rules 14 and 27 (a). Burdened with a heavy caseload, in our efforts to address the merits of every case, particularly in criminal cases, many times we are overindulgent in granting extensions.” The instant case is a civil case; and while we prefer to address the merits of all cases, nevertheless, if it is our mandate to treat all appellants alike, there must be a definite point beyond which we cannot accept the documents.
At one time this court gave the appellant only ten days to file the brief and enumeration of errors, with no exceptions other than for providential cause. Several years ago we followed our Georgia Supreme Court in expanding from ten to twenty days the time for filing the required documents. Moreover, under our Rule 14, our court usually provides an additional five days, as was done in the instant case.
Appeal dismissed.