Gordy v. Sumner

Court of Appeals of Georgia

Gordy v. Sumner

260 S.E.2d 384, 151 Ga. App. 430, 1979 Ga. App. LEXIS 2560

CourtCourt of Appeals of Georgia

DecidedSeptember 20, 1979

Docket57874

StatusPublished

Cited by4 cases

This text of 260 S.E.2d 384 (Gordy v. Sumner) 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.

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Gordy v. Sumner, 260 S.E.2d 384, 151 Ga. App. 430, 1979 Ga. App. LEXIS 2560 (Ga. Ct. App. 1979).

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Opinion

Smith, Judge.

In this case before us by interlocutory review, the trial court granted appellants’ motion to add appellee Robert L. Sumner as a party to their action, originally brought against Brady Sumner and Cecil Kimble. Although the permitted amendment to the complaint, with summons attached, was served upon appellee, there was no court order requiring appellee to file an answer. Contrary to appellants’ contentions, it follows that appellee was never in default and that the court properly allowed appellee to appear and defend. Diaz v. First Nat. Bank, 144 Ga. App. 582 (2) (241 SE2d 467) (1978).

Judgment affirmed.

Quillian, P.J., andBirdsong, J., concur. *431 Fred W. Rigdon, Jr., for appellants. Larkin M. Fowler, Jr., James C. Whelchel, for appellees.

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Smith, Judge.

In this case before us by interlocutory review, the trial court granted appellants’ motion to add appellee Robert L. Sumner as a party to their action, originally brought against Brady Sumner and Cecil Kimble. Although the permitted amendment to the complaint, with summons attached, was served upon appellee, there was no court order requiring appellee to file an answer. Contrary to appellants’ contentions, it follows that appellee was never in default and that the court properly allowed appellee to appear and defend. Diaz v. First Nat. Bank, 144 Ga. App. 582 (2) (241 SE2d 467) (1978).

Judgment affirmed.

Quillian, P.J., andBirdsong, J., concur. *431 Fred W. Rigdon, Jr., for appellants. Larkin M. Fowler, Jr., James C. Whelchel, for appellees.

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260 S.E.2d 384, 151 Ga. App. 430, 1979 Ga. App. LEXIS 2560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gordy-v-sumner-gactapp-1979.

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