Dougherty County v. Burt

On Motion for Rehearing.

On motion for rehearing, the appellee takes issue with our statement in Division 1 to the effect that the filing of a motion to set aside does not extend the time for filing a notice of appeal, quoting the Supreme Court’s decision in Johnson v. Barnes, 237 Ga. 502 (229 SE2d 70) (1976), as follows: “There is, however, at least one motion not enumerated in [OCGA § 5-6-38 (a) (Code Ann. § 6-803)] which has the effect of extending the time for filing a notice of appeal, to wit: a motion to set aside a judgment.” In fact, Johnson v. Barnes contains no such language. The…