Mitchell v. Wyatt

Beasley, Judge.

Plaintiff Mitchell appeals adverse judgments in two separate suits against Wyatt for injuries which Mitchell allegedly sustained as a passenger in an automobile driven by Wyatt when it collided with another vehicle. The suits have been consolidated on appeal.

The chronology of the litigation is dispositive of the appeals. Mitchell filed a complaint against Wyatt in the State Court of Fulton County and on October 30, 1987, a default judgment was entered against Wyatt. On January 5, 1988, Wyatt moved to set aside the judgment for lack of jurisdiction over his person, per OCGA §…