Saxon v. Covington

Beasley, Judge.

This case involves interplay between OCGA § 9-11-60 (d) (motion to set aside) and OCGA § 5-5-41 (extraordinary motion for new trial) on the one hand, and OCGA § 9-11-60 (e) (complaint in equity to set aside a judgment) on the other hand.

Covington filed a complaint in equity against Saxon in DeKalb Superior Court seeking to have a Gwinnett Superior Court judgment based on default set aside. Saxon’s answer set out among other defenses that a judgment in his favor had been affirmed by this court, except as to punitive damages and interest, in Covington v. Saxon, 163 Ga. App. 646…