Walton v. Collins

Banke, Presiding Judge.

This is an appeal from the grant of a motion by the appellees to set aside a default judgment previously entered in favor of the appellants. The order was based on findings that the appellees are nonresidents of the county where the suit was filed and that service was never perfected on the only resident defendant. Held:

“Where the default judgment is vacated and set aside, jurisdiction remains in the trial court and the judgment is neither final within the meaning of [OCGA § 5-6-34 (a) (1)] nor directly appealable within the provisions of [OCGA § 5-6-34 (a) (2-9)].”…