Mathis v. Hegwood

Court of Appeals of Georgia

Mathis v. Hegwood

441 S.E.2d 766, 212 Ga. App. 335, 94 Fulton County D. Rep. 497, 1994 Ga. App. LEXIS 253

CourtCourt of Appeals of Georgia

DecidedFebruary 4, 1994

DocketA93A2260

StatusPublished

Cited by1 cases

This text of 441 S.E.2d 766 (Mathis v. Hegwood) 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

Mathis v. Hegwood, 441 S.E.2d 766, 212 Ga. App. 335, 94 Fulton County D. Rep. 497, 1994 Ga. App. LEXIS 253 (Ga. Ct. App. 1994).

Pincite

Opinion

Pope, Chief Judge.

On May 7, 1984, a final judgment on remittitur was entered in the Superior Court of Walker County. This judgment decreed that plaintiff Hegwood was the owner in fee simple of certain real property and ordered the clerk to issue a writ of possession to be executed by the sheriff and his deputies. The writ was issued but was never executed. Then, on March 17, 1993, plaintiff brought this action to revive a dormant judgment. See OCGA § 9-12-60 et seq. The trial court ordered that the 1984 judgment be revived, and defendants’ motion for reconsideration was denied.

On appeal, defendants challenge the trial court’s order on several procedural grounds. Pretermitting consideration of these enumerated errors, we conclude that the order reviving the dormant judgment must be reversed because there was no dormant judgment to revive: OCGA § 9-12-60 applies only to judgments or decrees ordering the payment of a sum of money. See Brown v. Parks, 190 Ga. 540 (2) (9 SE2d 897) (1940).

Judgment reversed.

Birdsong, P. J., and Smith, J., concur. Andrews, J., disqualified.

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Pope, Chief Judge.

On May 7, 1984, a final judgment on remittitur was entered in the Superior Court of Walker County. This judgment decreed that plaintiff Hegwood was the owner in fee simple of certain real property and ordered the clerk to issue a writ of possession to be executed by the sheriff and his deputies. The writ was issued but was never executed. Then, on March 17, 1993, plaintiff brought this action to revive a dormant judgment. See OCGA § 9-12-60 et seq. The trial court ordered that the 1984 judgment be revived, and defendants’ motion for reconsideration was denied.

On appeal, defendants challenge the trial court’s order on several procedural grounds. Pretermitting consideration of these enumerated errors, we conclude that the order reviving the dormant judgment must be reversed because there was no dormant judgment to revive: OCGA § 9-12-60 applies only to judgments or decrees ordering the payment of a sum of money. See Brown v. Parks, 190 Ga. 540 (2) (9 SE2d 897) (1940).

Judgment reversed.

Birdsong, P. J., and Smith, J., concur. Andrews, J., disqualified.

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Bluebook (online)

441 S.E.2d 766, 212 Ga. App. 335, 94 Fulton County D. Rep. 497, 1994 Ga. App. LEXIS 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mathis-v-hegwood-gactapp-1994.

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