Burger Chef Systems, Inc. v. Newton

Deen, Judge.

Code Ann. § 81A-106 (d) provides a minimum of five days between service and hearing of any motion "unless a different period is fixed by . . . order of the court.” Johnson v. Frazier, 121 Ga. App. 212 (1) (173 SE2d 434) and Bulloch County Bank v. Dodd, 226 Ga. 773 (1) (177 SE2d 673) stand for the proposition that where without express permission of the court a minimum time is lacking the appellant cannot complain, but not for the converse, that is that the court cannot grant a lesser time. Here the subject matter of the motion was limited to the contents of the lessee’s letter of…