Yeargin v. Burleson

Court of Appeals of Georgia

Yeargin v. Burleson

209 S.E.2d 99, 132 Ga. App. 652, 1974 Ga. App. LEXIS 1779

CourtCourt of Appeals of Georgia

DecidedSeptember 23, 1974

Docket49502

StatusPublished

Cited by4 cases

This text of 209 S.E.2d 99 (Yeargin v. Burleson) 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

Yeargin v. Burleson, 209 S.E.2d 99, 132 Ga. App. 652, 1974 Ga. App. LEXIS 1779 (Ga. Ct. App. 1974).

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Opinions

Stolz, Judge.

On February 7, 1974, the appellee filed a "process back” lawsuit against the appellant in the State Court of DeKalb County, consisting of the names and addresses of the parties, the appearance date, and the following statement of "complaint”: "Damage $140 to replace left door on a 1969 Mustang on 1 - 5 - 74.” The defendant’s answer pleaded failure of the "complaint” to state a claim and denial of indebtedness for the sum sued for. The defendant appeals from the order, certified for immediate review, denying her motion to dismiss on the ground that the "complaint” fails to state a claim upon which relief can be granted.

1. The State Court of DeKalb County is a court of record. Ga. L. 1968, pp. 2928, 2932; Gresham v. Symmers, 227 Ga. 616 (1) (182 SE2d 764).

2. The procedure in this court of record is governed [653]*653by the Civil Practice Act, with exceptions not here applicable. Code Ann. § 81A-101 (Ga. L. 1966, pp. 609, 610); Code Ann. § 81A-181 (Ga. L. 1966, pp. 609, 668; 1967, pp. 226, 241; 1968, pp. 1104, 1109); Lee v. G.A.C. Finance Corp., 130 Ga. App. 44 (2) (202 SE2d 221) and cit.; Glenco-Belvedere Animal Hospital, Inc. v. Winters, 129 Ga. App. 621 (200 SE2d 506); Airport Associates v. Audioptic Instructional Devices, Inc., 125 Ga. App. 325 (1) (187 SE2d 567).

Argued June 26, 1974 Decided September 23, 1974. Kenneth G. Levin, for appellant. David P. Burleson, for appellee.

3. "A civil action is commenced by filing a complaint with the court.” Code Ann. § 81A-103 (Ga. L. 1966, pp. 609, 610). "An original complaint shall contain facts upon which the court’s venue depends and any pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain (1) a short and plain statement of the claim showing that the pleader is entitled to relief, and (2) a demand for judgment for the relief to which he deems himself entitled. Relief in the alternative or of several different types may be demanded.” Code Ann. § 81A-108 (a) (Ga. L. 1966, pp. 609, 619; 1967, pp. 226, 230).

4. The purported pleading in the instant case does not meet the statutory standards for a complaint as set forth in § 81A-108 (a), supra; therefore, the denial of the motion to dismiss was error.

Judgment reversed.

Eberhardt, P. J., Pannell, P. J., Quillian, Clark and Webb, JJ., concur. Bell, C. J., Deen and Evans, JJ., dissent.

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Stolz, Judge.

On February 7, 1974, the appellee filed a "process back” lawsuit against the appellant in the State Court of DeKalb County, consisting of the names and addresses of the parties, the appearance date, and the following statement of "complaint”: "Damage $140 to replace left door on a 1969 Mustang on 1 - 5 - 74.” The defendant’s answer pleaded failure of the "complaint” to state a claim and denial of indebtedness for the sum sued for. The defendant appeals from the order, certified for immediate review, denying her motion to dismiss on the ground that the "complaint” fails to state a claim upon which relief can be granted.

1. The State Court of DeKalb County is a court of record. Ga. L. 1968, pp. 2928, 2932; Gresham v. Symmers, 227 Ga. 616 (1) (182 SE2d 764).

2. The procedure in this court of record is governed [653]*653by the Civil Practice Act, with exceptions not here applicable. Code Ann. § 81A-101 (Ga. L. 1966, pp. 609, 610); Code Ann. § 81A-181 (Ga. L. 1966, pp. 609, 668; 1967, pp. 226, 241; 1968, pp. 1104, 1109); Lee v. G.A.C. Finance Corp., 130 Ga. App. 44 (2) (202 SE2d 221) and cit.; Glenco-Belvedere Animal Hospital, Inc. v. Winters, 129 Ga. App. 621 (200 SE2d 506); Airport Associates v. Audioptic Instructional Devices, Inc., 125 Ga. App. 325 (1) (187 SE2d 567).

Argued June 26, 1974 Decided September 23, 1974. Kenneth G. Levin, for appellant. David P. Burleson, for appellee.

3. "A civil action is commenced by filing a complaint with the court.” Code Ann. § 81A-103 (Ga. L. 1966, pp. 609, 610). "An original complaint shall contain facts upon which the court’s venue depends and any pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain (1) a short and plain statement of the claim showing that the pleader is entitled to relief, and (2) a demand for judgment for the relief to which he deems himself entitled. Relief in the alternative or of several different types may be demanded.” Code Ann. § 81A-108 (a) (Ga. L. 1966, pp. 609, 619; 1967, pp. 226, 230).

4. The purported pleading in the instant case does not meet the statutory standards for a complaint as set forth in § 81A-108 (a), supra; therefore, the denial of the motion to dismiss was error.

Judgment reversed.

Eberhardt, P. J., Pannell, P. J., Quillian, Clark and Webb, JJ., concur. Bell, C. J., Deen and Evans, JJ., dissent.

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Bluebook (online)

209 S.E.2d 99, 132 Ga. App. 652, 1974 Ga. App. LEXIS 1779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yeargin-v-burleson-gactapp-1974.

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