Legal Opinion

Stokes & Clinton, P.C. v. Noble Systems Corp.

Court of Appeals of Georgia

Decided November 14, 2012No. A12A0893PublishedCited by 4 opinions

1Opinion of the Court

DOYLE, Presiding Judge.

Stokes & Clinton, PC. (“S&C”), appeals from the trial court’s refusal to set aside a default judgment pursuant to OCGA § 9-11-60 (d) for various reasons, including that Noble Systems Corporation failed to properly serve S&C. The trial court determined that S&C waived the defense of insufficient service by failing to file a responsive pleading or motion prior to entry of default. We granted S&C’s application for discretionary appeal, and for the reasons that follow, we vacate the judgment and remand the case.

The record shows that Noble filed a breach of contract claim…

2Cases cited4 opinions

  1. Hoesch America, Inc. v. Dai Yang Metal Co.Court of Appeals of Georgia · 1995
  2. Kahlig v. MartinezCourt of Appeals of Georgia · 2005
  3. Slaughter v. FaustCourt of Appeals of Georgia · 1980
  4. Mine Chen v. Alexander Terry Associates, Inc.Court of Appeals of Georgia · 1997

3Cited by4 opinions

  1. Anglin v. State Farm Fire & Cas. Ins. Co.Court of Appeals of Georgia · 2019
  2. Hooks v. McCondichie Properties 1, LPCourt of Appeals of Georgia · 2015
  3. JOHNNY S. ANGLIN v. STATE FARM FIRE & CASUALTY INSURANCE COMPANY A/S/O BARRY L. RICHMANCourt of Appeals of Georgia · 2019
  4. Micheal Hooks v. McCondichie Properties 1, LpCourt of Appeals of Georgia · 2015

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