Legal Opinion

Cate v. Harrell

Court of Appeals of Georgia

Decided February 16, 1973No. 47797PublishedCited by 6 opinions

1Opinion of the Court

Eberhardt, Presiding Judge.

1. Where defendant obtains an order of the trial court allowing the opening of a default 153 days after service of the summons and complaint (see Code Ann. § 81A-155 (a); Times-Journal v. Jonquil Broadcasting Co., 226 Ga. 673 (177 SE2d 64)), there is no requirement that plaintiff, in order to preserve the right to review of the order, move to set aside the order or seek to take an immediate appeal with a certificate of review. The order is properly reviewable on appeal from judgment entered after the default is opened and trial had, and there is no merit in the…

2Cases cited4 opinions

  1. Brucker v. O'ConnorSupreme Court of Georgia · 1902
  2. Sanders v. AMERICAN LIBERTY INSURANCE COMPANYSupreme Court of Georgia · 1969
  3. Times-Journal, Inc. v. Jonquil Broadcasting Co.Supreme Court of Georgia · 1970
  4. Foster Company v. LivingstonCourt of Appeals of Georgia · 1972

3Cited by6 opinions

  1. Axelroad v. PrestonSupreme Court of Georgia · 1974
  2. Cobb County Fair Assn. v. BoyleCourt of Appeals of Georgia · 1977
  3. Copeland v. CarterSupreme Court of Georgia · 1981
  4. Houston v. Lowes of Savannah, Inc.Court of Appeals of Georgia · 1975
  5. Simon v. McGee Plumbing & Electric Co.Court of Appeals of Georgia · 1982

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