Finance America Corp. v. Drake

Court of Appeals of Georgia

Finance America Corp. v. Drake

259 S.E.2d 739, 151 Ga. App. 383, 1979 Ga. App. LEXIS 2606

CourtCourt of Appeals of Georgia

DecidedSeptember 17, 1979

Docket58100

StatusPublished

Cited by2 cases

This text of 259 S.E.2d 739 (Finance America Corp. v. Drake) 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

Finance America Corp. v. Drake, 259 S.E.2d 739, 151 Ga. App. 383, 1979 Ga. App. LEXIS 2606 (Ga. Ct. App. 1979).

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Opinion

Birdsong, Judge.

Appellant obtained a default judgment against appellee in a suit to recover on a promissory note executed pursuant to the Georgia Industrial Loan Act. Code Ann Ch. 25-3. Appellee thereafter moved to set aside the judgment based on our decision in Consolidated Credit Corp. v. Peppers, 144 Ga. App. 401 (240 SE2d 922). The [384]*384trial court granted the motion which leaves the case pending below as the complaint was not dismissed. This judgment therefore is not a final one. Mayson v. Malone, 122 Ga. App. 814 (178 SE2d 806). As review of this order has not been authorized under the interlocutory procedure, the appeal is premature and must be dismissed. Geiger Fin. Co. v. Scott Vending Co., 144 Ga. App. 16 (240 SE2d 581).

Argued July 9, 1979 Decided September 17, 1979. Joe G. Davis, Jr., John C. Porter, Jr., for appellant. E. Graydon Shuford, for appellee. Charles M. Baird, amicus curiae.

Appeal dismissed.

Quillian, P. J., and Smith, J., concur.

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Birdsong, Judge.

Appellant obtained a default judgment against appellee in a suit to recover on a promissory note executed pursuant to the Georgia Industrial Loan Act. Code Ann Ch. 25-3. Appellee thereafter moved to set aside the judgment based on our decision in Consolidated Credit Corp. v. Peppers, 144 Ga. App. 401 (240 SE2d 922). The [384]*384trial court granted the motion which leaves the case pending below as the complaint was not dismissed. This judgment therefore is not a final one. Mayson v. Malone, 122 Ga. App. 814 (178 SE2d 806). As review of this order has not been authorized under the interlocutory procedure, the appeal is premature and must be dismissed. Geiger Fin. Co. v. Scott Vending Co., 144 Ga. App. 16 (240 SE2d 581).

Argued July 9, 1979 Decided September 17, 1979. Joe G. Davis, Jr., John C. Porter, Jr., for appellant. E. Graydon Shuford, for appellee. Charles M. Baird, amicus curiae.

Appeal dismissed.

Quillian, P. J., and Smith, J., concur.

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Bluebook (online)

259 S.E.2d 739, 151 Ga. App. 383, 1979 Ga. App. LEXIS 2606, Counsel Stack Legal Research, https://law.counselstack.com/opinion/finance-america-corp-v-drake-gactapp-1979.

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