Home/Court of Appeals of Georgia/Farr v. Farr

Farr v. Farr

172 S.E.2d 150, 120 Ga. App. 762, 1969 Ga. App. LEXIS 922
CourtCourt of Appeals of Georgia
DecidedDecember 4, 1969
Docket44859
StatusPublished
Cited by15 cases

This text of 172 S.E.2d 150 (Farr v. Farr) 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
Farr v. Farr, 172 S.E.2d 150, 120 Ga. App. 762, 1969 Ga. App. LEXIS 922 (Ga. Ct. App. 1969).

Opinion

Bell, Chief Judge.

1. (a) The motion to dismiss the appeal has no merit. The denial of a motion authorized by Code Ann. § 81A-160 (b, d) to set aside and vacate a judgment is final and appealable. Code Ann. § 6-701 (1). Golden Star v. Broyles Ins. Agency, 118 Ga. App. 95 (162 SE2d 756) City Dodge, Inc. v. Atkins, 118 Ga. App. 676 (164 SE2d 864). Section 56 (h), Civil Practice Act (Code Ann. § 81A-156 (h) is not applicable to motions to set aside and vacate judgments,

(b) The motion to reconsider the denial of the motion to set aside and vacate the judgment does not render the appeal premature. George v. Lee, 118 Ga. App. 302 (163 SE2d 262).

2. The trial judge did not err in denying the motion to set. aside and vacate the judgment entered on motion for summary judgment. The motion was predicated solely on the-lack of service of the motion for summary judgment. The record shows that service was perfected by mail. This is-permissible. Code Ann. § 81A-105 (b). Standing unrefuted this fact of service in the record controls. The motion not having been based on a nonamendable defect appearing in the record (Code Ann. § 81A-160 (b, d)), the court properly denied it.

Judgment affirmed.

Eberhardt and Deen, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Freeman v. City of Brunswick
388 S.E.2d 746 (Court of Appeals of Georgia, 1989)
Stone v. Dawkins
384 S.E.2d 225 (Court of Appeals of Georgia, 1989)
Sun v. Jones
373 S.E.2d 656 (Court of Appeals of Georgia, 1988)
Williams v. Runion
325 S.E.2d 441 (Court of Appeals of Georgia, 1984)
Gaylord's National Corp. v. Brown
325 S.E.2d 168 (Court of Appeals of Georgia, 1984)
Dutton v. Dykes
283 S.E.2d 28 (Court of Appeals of Georgia, 1981)
Allen v. BOARD OF TAX ASSESSORS OF PAULDING COUNTY
277 S.E.2d 660 (Supreme Court of Georgia, 1981)
Tyson v. AUTOMOTIVE CONTROLS CORPORATION
249 S.E.2d 99 (Court of Appeals of Georgia, 1978)
Coppage v. Mellon Bank
234 S.E.2d 824 (Court of Appeals of Georgia, 1977)
Bolton Road Medical Center v. Strother & Co.
231 S.E.2d 533 (Court of Appeals of Georgia, 1976)
Johnson v. Barnes
229 S.E.2d 70 (Supreme Court of Georgia, 1976)
SHANNON COMPANY, INC. v. Heneveld
221 S.E.2d 200 (Supreme Court of Georgia, 1975)
Lee v. Goldner
219 S.E.2d 5 (Court of Appeals of Georgia, 1975)
Mayson v. Malone
178 S.E.2d 806 (Court of Appeals of Georgia, 1970)

Cite This Page — Counsel Stack

Bluebook (online)
172 S.E.2d 150, 120 Ga. App. 762, 1969 Ga. App. LEXIS 922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farr-v-farr-gactapp-1969.