Department of Transportation v. Forrester

Birdsong, Judge.

In a prior appearance of these condemnation cases, we held that the notices of appeal to a jury were filed too late as they were filed more than thirty days from the date of personal service of the petition and declaration of taking on the respective condemnees; and we reversed the judgments of the trial court which refused to dismiss the appeals. Dept. of Transp. v. Brooks, 143 Ga. App. 872 (240 SE2d 163). Subsequently, the condemnees filed motions to open default under CPA § 55 (b) (Code Ann. § 81A-155 (b)). After a hearing, the trial court granted the motion. We granted the…