Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

BOULDIN v. MOTE.

DEEN, Presiding Judge.

In the instant case appeal was taken from the order of the trial judge vacating and setting aside default judgments and from the order of the trial judge refusing to grant appellant's motion to set aside these prior orders vacating the default judgments. The orders left the case still pending in the court below; the judgments were not final and not of the type specifically exempted under the provisions of Code Ann. § 6-701 (a) (3). A judgment overruling a general demurrer to a motion to allow the opening of a default judgment and the filing of defensive pleadings is not final. Nye v. Murcel Mfg. Co., 116 Ga. App. 44 ( 156 S.E.2d 383); Harry v. Scenic Heights Development Corp., 218 Ga. 352 ( 127 S.E.2d 898). The judgment not being final and no certificate of immediate review being presented, this appeal must be dismissed.

Appeal dismissed. Evans and Stolz, JJ., concur.

SUBMITTED SEPTEMBER 29, 1975 — DECIDED OCTOBER 7, 1975.
Use AI to get other relevant cases.

Comments

BOULDIN v. MOTE
(Oct 7, 1975)