Cardenas v. Limon

Phipps, Judge.

The question in this case is whether the superior court has jurisdiction to hear a direct appeal from a magistrate court’s denial of a motion to set aside a default judgment. The answer lies in the plain language of OCGA § 15-10-41 (b) (2) prohibiting such appeals.

David Limón sued Leopoldo Cardenas in Polk County Magistrate Court. The magistrate entered a default judgment against Cardenas after he failed to appear for the hearing. Cardenas filed motions to set aside the judgment and to open the default judgment, arguing that he had not received notice of the hearing. The…