Strother v. Hill Aircraft & Leasing Corp.

Court of Appeals of Georgia

Strother v. Hill Aircraft & Leasing Corp.

235 S.E.2d 647, 142 Ga. App. 206, 1977 Ga. App. LEXIS 1545

CourtCourt of Appeals of Georgia

DecidedMay 5, 1977

Docket53841

StatusPublished

Cited by2 cases

This text of 235 S.E.2d 647 (Strother v. Hill Aircraft & Leasing Corp.) 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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Strother v. Hill Aircraft & Leasing Corp., 235 S.E.2d 647, 142 Ga. App. 206, 1977 Ga. App. LEXIS 1545 (Ga. Ct. App. 1977).

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Opinion

Webb, Judge.

The answer, including a counterclaim, was stricken pursuant to Rule 41 (Code Ann. § 24-3341) upon failure of defendant’s counsel or defendant to appear, judgment by default was entered, and defendant appeals. The record indicates, however, that defendant filed a motion to set aside the default judgment, and there apparently has been no disposition of that motion. The case thus is still pending below, there is no certificate for immediate review, the appeal is premature and must be dismissed. Code Ann. § 6-701 (a); Lee v. Morrison, 135 Ga. App. 72 (217 SE2d 395) (1975); Shuford v. Jackson, 139 Ga. App. 469 (228 SE2d 605) (1976).

Appeal dismissed.

Deen, P. J., and Marshall, J., [207]*207 concur. Argued May 4, 1977 Decided May 5, 1977. Scheer & Eisner, Robert A. Elsner, Michael Weinstock, for appellant. Thompson, Stovall, Stokes & Thompson, James F. Stovall, III, for appellee.

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Webb, Judge.

The answer, including a counterclaim, was stricken pursuant to Rule 41 (Code Ann. § 24-3341) upon failure of defendant’s counsel or defendant to appear, judgment by default was entered, and defendant appeals. The record indicates, however, that defendant filed a motion to set aside the default judgment, and there apparently has been no disposition of that motion. The case thus is still pending below, there is no certificate for immediate review, the appeal is premature and must be dismissed. Code Ann. § 6-701 (a); Lee v. Morrison, 135 Ga. App. 72 (217 SE2d 395) (1975); Shuford v. Jackson, 139 Ga. App. 469 (228 SE2d 605) (1976).

Appeal dismissed.

Deen, P. J., and Marshall, J., [207]*207 concur. Argued May 4, 1977 Decided May 5, 1977. Scheer & Eisner, Robert A. Elsner, Michael Weinstock, for appellant. Thompson, Stovall, Stokes & Thompson, James F. Stovall, III, for appellee.

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235 S.E.2d 647, 142 Ga. App. 206, 1977 Ga. App. LEXIS 1545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strother-v-hill-aircraft-leasing-corp-gactapp-1977.

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