Wilkerson v. Voyager Casualty Insurance

Carley, Judge.

Appellant filed the instant lawsuit against appellee in an effort to recover certain insurance benefits. Appellee failed to file an answer or to appear for trial, and appellant obtained a default judgment. Thereafter, appellee moved to have the default judgment set aside. The motion was granted on the ground that appellee had never been legally served with process. Appellant appeals.

1. Appellee’s motion to dismiss the appeal as premature is denied. See Hilton v. Maddox, Bishop, Hayton Frame &c. Contractors, 125 Ga. App. 423 (188 SE2d 167) (1972); Bigley v. Lawrence, 149 Ga. App.…