Corinne Rutzke sued her former client Ernest Moss for amounts past due under the parties’ legal services contract. Moss counterclaimed for fraud and conspiracy to defraud. The trial court granted summary judgment in favor of Rutzke on both the main action and the counterclaim and awarded judgment against Moss for $1,950.04 *59 plus interest, post-judgment interest and' court costs. Held:
1. On May 1, 1996, this Court ordered pro se appellant Ernest Moss to file a separate enumeration of error in the above-captioned case in accordance with Court of Appeals Rule 22, which requires appellants to state separately and concisely each issue that they want the Court to decide on appeal.
Calhoun v. State,
In response to this Court’s order, Moss filed a document titled “Appellant’s Delineation of Enumeration of Errors” consisting of 22 pages of alleged “errors and inconsistencies” with more than 40 so-called “instant facts” and many “indisputable facts.” In this delineation, Moss merely recycled verbatim pages 3-23 of his original appellate brief omitting the section labeled argument and reversing the order of two paragraphs.
This is not a slight deviation from Court of Appeals Rule 22. Even holding his pro se filing to a less stringent standard than if drafted by an attorney, Moss’s filing did not constitute an “enumeration of errors” within the meaning of Rule 22.
Thompson v. Long,
2. Rutzke moved for the imposition of damages for filing a frivolous appeal. The evidence before the trial court showed Moss failed to pay the amounts required under the contract for legal services and had no valid defense. Nor was there any evidence of fraud as asserted by his counterclaim. Nevertheless, despite the many deficiencies in both the form and content of Moss’s appeal, it is not obvious that it was filed solely to interpose delay. OCGA § 5-6-6;
Scales v. American Lease Plans,
Appeal dismissed and motion for damages denied. Division per curiam.
