Spyropoulos v. John Linard Estate

The majority here affirm the trial court which concluded as a matter of law that the notice and publication of a trial calendar in the official organ of Fulton County, Georgia was sufficient notice under provisions of Code Ann. § 81A-140 (c), supra, and further found that the holding in Rockmart Bank v. Beck, 129 Ga. App. 457 (199 SE2d 907), is controlling, and that the petitioner’s motion to set aside the judgment (or in the alternative for new trial) be denied. I cannot agree to this decision.

1. There is no magic in mere nomenclature, and the pleading here was properly treated as an…