Atlanta West Enterprises, Inc. v. Cobb County Bank

Birdsong, Judge.

Plaintiff sought an order of confirmation of the sale of certain real estate pursuant to a foreclosure under powers contained in a security deed. The trial court after hearing evidence entered an order of confirmation and the defendants have appealed. Held:

1. This case, since its inception, had been set and reset for hearing in the Paulding County Superior Court on numerous occasions. It was scheduled again for hearing on December 4, 1978 at 10 a.m. At about 8:30 a.m. on December 4, 1978, counsel for defendants telephonically advised and requested the clerk of the trial court…