Carlson v. Holt

262 S.E.2d 508, 152 Ga. App. 95, 1979 Ga. App. LEXIS 2824
CourtCourt of Appeals of Georgia
DecidedOctober 29, 1979
Docket58308
StatusPublished
Cited by3 cases

This text of 262 S.E.2d 508 (Carlson v. Holt) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carlson v. Holt, 262 S.E.2d 508, 152 Ga. App. 95, 1979 Ga. App. LEXIS 2824 (Ga. Ct. App. 1979).

Opinion

Quillian, Presiding Judge.

On April 11, 1975, a complaint was filed in the DeKalb Superior Court by appellee against three defendants, Curt W. Carlson, Tommy Dutton and Pure-O-Zone, Inc., a Georgia corporation. On April 30, 1975, answers were filed on behalf of all three defendants. Additional defenses were subsequently filed on behalf of the defendants on June 29, 1977.

On October 18, 1978, this case was called for trial pursuant to notice in the legal organ of DeKalb County and no announcement or response was made by any defendant in this action at the call of the case. Therefore, this case was presented to a jury on the issue of unliquidated damages upon the evidence of plaintiff alone.

The jury returned a verdict in favor of plaintiff in the amount of "$1,700 for initial investment plus $50,000 punitive damages.” Based upon the verdict of the jury, judgment was entered against all defendants in the amount of $51,700 and all costs.

On November 3, 1978, and without notice to defendant Carlson, counsel for defendant Dutton filed a motion on Dutton’s behalf for a new trial, or in the alternative, a motion to set aside verdict and judgment. On November 14, 1978, defendant Dutton filed an amendment to his motion alleging that "the judgment entered in this matter purports to be against all Defendants therein, including Defendant Dutton and, therefore, is contrary to and not in conformity with the verdict” praying that the judgment be set aside. On November 15,1978, the trial judge granted the motion of defendant Dutton, vacated and set aside the judgment as to him and granted him a new trial.

Upon first notice to defendant Carlson of the entry of judgment against him, he filed a motion to conform judgment to verdict, or in the alternative, to set aside the judgment and an extraordinary motion for new trial. The motion was heard by the trial judge who denied defendant Carlson’s motions by an order entered April 5,1979. It is from this order that appeal was taken to this court. Held:

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Cite This Page — Counsel Stack

Bluebook (online)
262 S.E.2d 508, 152 Ga. App. 95, 1979 Ga. App. LEXIS 2824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carlson-v-holt-gactapp-1979.