Georgia Highway Express, Inc. v. Whaley

Ga. Highway Express, Inc. v. Whaley, 305 S.E.2d 411 (Ga. Ct. App. 1983)

Court: Court of Appeals of Georgia · State Appellate Courts
Decided: May 17, 1983
Docket: No. 66360
Judges: Banke, Deen, Carley
Citations: 305 S.E.2d 411166 Ga. App. 6621983 Ga. App. LEXIS 2289

Cited by 4 1 descriptions by later courts

Opinion — Banke

Banke, Judge.

The defendant appeals an order denying its motion under the provisions of OCGA § 9-11-60 (d) (Code Ann. § 81A-160) to set aside a default judgment entered when it failed to answer the call of the case for trial. The record shows without dispute that defendant’s counsel had previously withdrawn from the case and had notified the court. In spite of this fact, the only notice of the trial date was sent to the former counsel who made no effort to inform his former client.

Held:

The notice provided to former counsel was not sufficient to meet the statutory notice requirement set forth in OCGA § 9-11-40 (c) (Code Ann. § 81A-140). The order denying the motion to set aside is consequently reversed, based on the presence of a non-amendable defect apparent on the face of the record. See generally OCGA § 9-11-60 (d) (Code Ann. § 81A-160);

Wilkes v. Ricks, 126 Ga. App. 266 ( 190 SE2d 603 ) (1972);

Tallman Pools of Ga. v. Napier, 137 Ga. App. 500 (1) ( 224 SE2d 426 ) (1976). Cf.

McNally v. Stonehenge, Inc., 242 Ga. 258 ( 248 SE2d 653 ) (1978).

Judgment reversed.

Deen, P. J., and Carley, J., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(no evidence of actual notice)

Potter v. Wal Computers, Inc., 469 S.E.2d 691 (Ga. Ct. App. 1996)

Cited by 4 cases

View all citing references →

Relies on it most ⓘ

Shields v. Gish629 S.E.2d 244 (Ga. 2006)
Fulton v. State359 S.E.2d 726 (Ga. Ct. App. 1987)
Potter v. Wal Computers, Inc.469 S.E.2d 691 (Ga. Ct. App. 1996)
Prescott v. Builders Transport, Inc.554 S.E.2d 241 (Ga. Ct. App. 2001)

Most recent

Shields v. Gish629 S.E.2d 244 (Ga. 2006)
Prescott v. Builders Transport, Inc.554 S.E.2d 241 (Ga. Ct. App. 2001)
Potter v. Wal Computers, Inc.469 S.E.2d 691 (Ga. Ct. App. 1996)
Fulton v. State359 S.E.2d 726 (Ga. Ct. App. 1987)

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

Depth	Case	Cited by
	Wilkes v. Ricks, 190 S.E.2d 603 (Ga. Ct. App. 1972)	23
	Tallman Pools of Ga., Inc. v. Napier, 224 S.E.2d 426 (Ga. Ct. App. 1976)	13
	McNally v. Stonehenge, Inc., 248 S.E.2d 653 (Ga. 1978)	12

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