Legal Opinion

Cox v. Farmers Bank

Court of Appeals of Georgia

Decided September 4, 1979No. 57525PublishedCited by 1 opinion

1Opinion of the Court

Smith, Judge.

On October 4, 1977, appellee bank filed a complaint against appellant and another individual, who is not a party to this appeal. Appellant failed to answer the complaint within the prescribed statutory period of 30 days and was therefore in default. This appeal is taken from the order of the trial court denying appellant’s motion to open default. Because this is a multiparty case, the trial court’s denial of appellant’s motion to open default is not appealable at this time, and the appeal must be dismissed.

Ga. L. 1968, pp. 1072, 1073 (Code Ann. § 6-701) sets forth the instances…

2Cases cited3 opinions

  1. SHANNON COMPANY, INC. v. HeneveldSupreme Court of Georgia · 1975
  2. Williams v. Citizens & Southern National BankCourt of Appeals of Georgia · 1977
  3. Taylor v. McBerryCourt of Appeals of Georgia · 1976

3Cited by1 opinion

  1. Gaylord's National Corp. v. BrownCourt of Appeals of Georgia · 1984

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