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SHANNON COMPANY v. Heneveld

SHANNON COMPANY v. HENEVELD Et Al.

Shannon Co. v. Heneveld, 217 S.E.2d 424 (Ga. Ct. App. 1975)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
June 13, 1975
Docket
No. 50713
Judges
Deen, Evans, Stolz
Citations
217 S.E.2d 424135 Ga. App. 2521975 Ga. App. LEXIS 1635
Cited by 6

Opinion — Deen

Deen, Judge.

1. A default judgment is a final and appealable judgment.

*253 Argued May 21, 1975 Decided June 13, 1975 Rehearing denied June 26, 1975 Skinner, Wilson, Beals & Strickland, Warner R. Wilson, Jr., Earl B. Benson, Jr., for appellant.

Rolader, Barham, Davis, Graham & McEvoy, D. W. Rolader, Lawrence J. McEvoy, Jr., for appellees.

2. A motion to vacate and set aside a final judgment is not included among those motions enumerated in Code Ann. § 6-803 which automatically extend the filing date of a notice of appeal.

Williams v. Keebler, 222 Ga. 437 ( 150 SE2d 674 );

Young v. Young, 227 Ga. 570 (2) (181 SE2d 867); Fastenberg v. Assoc. Distributors, Inc., 134 Ga. App. 213 ( 213 SE2d 898 ).

3. Final judgment by default was entered in this case on October 9,1974, against the defendant as a sanction for failure to respond to a request for production of documents filed June 21, 1974, three times postponed at the defendant’s request, followed by an order compelling production dated September 20 pursuant to a rule nisi dated August 27. No objections or response to the request were ever filed. A motion to vacate or set aside was filed on December 6 and denied on January 31,1975. The notice of appeal filed on February 28 appeals only from the denial of the motion to set aside, which is not an appealable judgment, and enumerates error only on the entry of the default judgment, which was entered more than 30 days prior thereto. Accordingly, the appeal must be dismissed.

Appeal dismissed.

Evans and Stolz, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →
1976: 21977: 11980: 11982: 11989: 119762026peak 1976 · 2

Relies on it most ⓘ

  1. Lawler v. Georgia Mutual Insurance276 S.E.2d 646 (Ga. Ct. App. 1980)
  2. Austin v. Carter285 S.E.2d 542 (Ga. 1982)
  3. Gregson v. Webb239 S.E.2d 230 (Ga. Ct. App. 1977)
  4. Smithson v. Harry Norman, Inc.386 S.E.2d 546 (Ga. Ct. App. 1989)
  5. Dargan, Whitington & Conner, Inc. v. Kitchen226 S.E.2d 482 (Ga. Ct. App. 1976)
  6. Hopkins v. Donaldson224 S.E.2d 788 (Ga. Ct. App. 1976)

Most recent

  1. Smithson v. Harry Norman, Inc.386 S.E.2d 546 (Ga. Ct. App. 1989)
  2. Austin v. Carter285 S.E.2d 542 (Ga. 1982)
  3. Lawler v. Georgia Mutual Insurance276 S.E.2d 646 (Ga. Ct. App. 1980)
  4. Gregson v. Webb239 S.E.2d 230 (Ga. Ct. App. 1977)
  5. Dargan, Whitington & Conner, Inc. v. Kitchen226 S.E.2d 482 (Ga. Ct. App. 1976)
  6. Hopkins v. Donaldson224 S.E.2d 788 (Ga. Ct. App. 1976)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Williams v. Keebler, 150 S.E.2d 674 (Ga. 1966) 26
Fastenberg v. Associated Distributors, Inc., 213 S.E.2d 898 (Ga. Ct. App. 1975) 9
Young v. Young, 181 S.E.2d 867 (Ga. 1971) 5

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