Arrowhead Alternator, Inc. v. CIT Commc'ns Fin. Corp., 602 S.E.2d 231 (Ga. Ct. App. 2004). · Go Syfert
Arrowhead Alternator, Inc. v. CIT Commc'ns Fin. Corp., 602 S.E.2d 231 (Ga. Ct. App. 2004). Cases Citing This Book View Copy Cite
61 citation events (61 in the last 25 years) across 3 distinct courts.
Strongest positive: Wilson v. HOLT GRAPHIC ARTS, INC. (dc, 2009-10-01)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 28 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Wilson v. HOLT GRAPHIC ARTS, INC. (2×) also: Cited as authority (quoted)
D.C. · 2009 · quote attribution · 2 verbatim quotes · confidence high
the proper method for attacking a foreign judgment filed in georgia under the uniform act is a motion to set aside under .
examined Cited as authority (verbatim quote) Threatt v. Winston (2×) also: Cited as authority (quoted)
D.C. · 2006 · quote attribution · 2 verbatim quotes · confidence high
the proper method for attacking a foreign judgment filed in georgia under the uniform act is a motion to set aside under
discussed Cited as authority (quoted) McDonald v. H & S HOMES, LLC (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2008 · quote attribution · 1 verbatim quote · confidence low
the proper method for attacking a foreign judgment ... is a motion to set aside under ocga 9-11-60 (d).
cited Cited as authority (rule) Margaret Hether v. Justin Tyler Campbell
Ga. Ct. App. · 2026 · confidence medium
Corp., 268 Ga. App. 464, 465 ( 602 SE2d 231 ) (2004) (“Where a second judgment is entered by a court after the first judgment has become and remand with specific direction.
cited Cited as authority (rule) Jeremiah Anderson v. Fitness International, LLC
Ga. Ct. App. · 2024 · confidence medium
See OCGA § 5-6-35 (a) (8); Arrowhead Alternator v. CIT Communications Finance Corp., 268 Ga. App. 464, 466 ( 602 SE2d 231 ) (2004).
cited Cited as authority (rule) Kimberly L. Tuopaeh v. National Collegiate Sudent Loan Trust 2006-2
Ga. Ct. App. · 2022 · confidence medium
See OCGA § 5-6-35 (a) (8); Arrowhead Alternator v. CIT Communications Finance Corp., 268 Ga. App. 464, 466 ( 602 SE2d 231 ) (2004).
cited Cited as authority (rule) GREGORY SCOTT ARMACOST D/B/A G. S. ARMACOST BUILDERS v. MICHAEL R. DEAN
Ga. Ct. App. · 2021 · confidence medium
Corp., 268 Ga. App. 464, 464-466 ( 602 SE2d 231 ) (2004).
cited Cited as authority (rule) William R. Anderson v. Bank of America, N.A.
Ga. Ct. App. · 2021 · confidence medium
See OCGA § 5-6-35 (a) (8); Arrowhead Alternator v. CIT Communications Finance Corp., 268 Ga. App. 464, 466 ( 602 SE2d 231 ) (2004).
cited Cited as authority (rule) Nihad Al Jaberi v. Md Anisur Rahman
Ga. Ct. App. · 2020 · confidence medium
See OCGA § 5-6-35 (a) (8); Arrowhead Alternator v. CIT Communications Finance Corp., 268 Ga. App. 464, 466 ( 602 SE2d 231 ) (2004).
discussed Cited as authority (rule) Diana McDonald v. Maria Walley
Ga. Ct. App. · 2018 · confidence medium
Because [McDonald] has failed to appeal the denial of [her] motion to set aside by application, we have no jurisdictional basis for this appeal and it must be dismissed.” Arrowhead Alternator, Inc. v. CIT Comunnications Finance Corp., 268 Ga. App. 464, 466 ( 602 SE2d 231 ) (2004).
cited Cited as authority (rule) Brenda N. Wright v. Crystal Jones Judd
Ga. Ct. App. · 2018 · confidence medium
OCGA § 9-12-132; Arrowhead Alternator, Inc. v. CIT Communications Finance Corp., 268 Ga. App. 464, 465 ( 602 SE2d 231 ) (2004).
discussed Cited as authority (rule) Lemcon USA Corporation v. Icon Technology Consulting, Inc
Ga. · 2017 · confidence medium
Corp., 268 Ga. App. 464, 466 ( 602 SE2d 231 ) (2004); Arnold v. Brundidge Banking Co., 209 Ga. App. 278, 278-279 ( 433 SE2d 388 ) (1993), overruled on other grounds by Okekpe v. Commerce Funding Corp., 218 Ga. App. 705, 706 ( 463 SE2d 23 ) (1995).
discussed Cited as authority (rule) Lemcon USA Corp. v. Icon Technology Consulting, Inc.
Ga. · 2017 · confidence medium
Corp., 268 Ga. App. 464, 466 ( 602 SE2d 231 ) (2004); Arnold v. Brundidge Banking Co., 209 Ga. App. 278, 278-279 ( 433 SE2d 388 ) (1993), overruled on other grounds by Okekpe v. Commerce Funding Corp., 218 Ga. App. 705, 706 ( 463 SE2d 23 ) (1995).
cited Cited as authority (rule) ROCHDALE INSURANCE COMPANY v. MIKE WIGGINS D/B/A EDCO MFG.
Ga. Ct. App. · 2017 · confidence medium
See OCGA § 5-6-35 (a) (8); Arrowhead Alternator v. CIT Communications Finance Corp., 268 Ga. App. 464, 466 ( 602 SE2d 231 ) (2004).
discussed Cited as authority (rule) Lemcon USA Corporation v. Icon Technology Consulting, Inc.
Ga. Ct. App. · 2016 · confidence medium
Arrowhead Alternator v. CIT Communications Finance Corp., 268 Ga. App. 464, 465 ( 602 SE2d 231 ) (2004). 3 This does not mean, however, that the judgment is *462 deemed to be “entered” or “rendered” on the date that it is filed in a Georgia court so that it can be enforced in Georgia.
cited Cited as authority (rule) Gege Odion v. Shabtay Varon
Ga. Ct. App. · 2015 · confidence medium
See OCGA § 5-6-35 (a) (8); Arrowhead Alternator v. CIT Communications Finance Corp., 268 Ga. App. 464, 466 ( 602 SE2d 231 ) (2004).
cited Cited as authority (rule) Lois L. Luster v. Bank of America, N. A., Successor by Merger With Countrywide Home Loans Servicing
Ga. Ct. App. · 2015 · confidence medium
See OCGA § 5-6-35 (a) (8); Arrowhead Alternator, Inc. v. CIT Communications Finance Corp., 268 Ga. App. 464, 466 ( 602 SE2d 231 ) (2004).
cited Cited as authority (rule) Luster v. Bank of America, N.A.
Ga. Ct. App. · 2015 · confidence medium
See OCGA § 5-6-35 (a) (8); Arrowhead Alternator, Inc. v. CIT Communications Finance Corp., 268 Ga. App. 464, 466 ( 602 SE2d 231 ) (2004).
cited Cited as authority (rule) Micheal L. Powell v. State
Ga. Ct. App. · 2014 · confidence medium
See OCGA § 5-6-35 (a) (8); Arrowhead Alternator v. CIT Communications Finance Corp., 268 Ga. App. 464, 466 ( 602 SE2d 231 ) (2004).
cited Cited as authority (rule) Lewis Corley v. Ocwen Loan Servicing
Ga. Ct. App. · 2014 · confidence medium
See OCGA § 5-6-35 (a) (8); Arrowhead Alternator v. CIT Communications Finance Corp., 268 Ga. App. 464, 466 ( 602 SE2d 231 ) (2004).
cited Cited as authority (rule) Dong Nguyen v. State of Georgia
Ga. Ct. App. · 2014 · confidence medium
See OCGA § 5-6-35 (a) (8); Arrowhead Alternator v. CIT Communications Finance Corp., 268 Ga. App. 464, 466 ( 602 SE2d 231 ) (2004).
cited Cited as authority (rule) Fortis Capital Partners, LLC v. Sean Hannity
Ga. Ct. App. · 2013 · confidence medium
See OCGA § 5-6-35 (a) (8); Arrowhead Alternator v. CIT Communications Finance Corp., 268 Ga. App. 464, 466 ( 602 SE2d 231 ) (2004).
cited Cited as authority (rule) Cindy Lesman v. Robert W. Law
Ga. Ct. App. · 2013 · confidence medium
See OCGA § 5-6-35 (a) (8); Arrowhead Alternator v. CIT Communications Finance Corp., 268 Ga. App. 464, 466 ( 602 SE2d 231 ) (2004).
discussed Cited as authority (rule) Robert E. Casey v. Suntrust Bank
Ga. Ct. App. · 2013 · confidence medium
See OCGA § 5-6-35 (a) (8) (orders denying OCGA § 9-11-60 (d) motions are subject to discretionary appeal); Arrowhead Alternator v. CIT Communications Finance Corp., 268 Ga. App. 464, 466 ( 602 SE2d 231 ) (2004).
discussed Cited "see" Franklin D. Milledge v. Discover Bank (2×)
Ga. Ct. App. · 2015 · signal: see · confidence high
See Arrowhead Alternator v. CIT Communications Finance Corp., 268 Ga. App. 464, 466 ( 602 SE2d 231 ) (2004).
discussed Cited "see" Noaha, LLC v. Vista Antiques & Persian Rugs, Inc. (2×)
Ga. Ct. App. · 2010 · signal: see · confidence high
See Arrowhead Alternator v. CIT Communications Finance Corp., 268 Ga. App. 464, 465 ( 602 SE2d 231 ) (2004).
discussed Cited "see" Rogers v. Estate of Harris (2×)
Ga. Ct. App. · 2005 · signal: see · confidence high
See Arrowhead Alternator v. CIT Communications Finance Corp., 268 Ga. App. 464, 466 ( 602 SE2d 231 ) (2004); see also Anderson v. GGS Hotel Holdings, 234 Ga. App. 284 ( 505 SE2d 572 ) (1998).
examined Cited "see, e.g." Williams v. Willis (4×)
Ga. Ct. App. · 2017 · signal: compare · confidence medium
Compare Arrowhead Alternator v. CIT Communications Finance Corp., 268 Ga. App. 464, 465-466 ( 602 SE2d 231 ) (2004) (duplicative Georgia judgment was void ab initio and a nullity because it was issued after New Jersey judgment was domesticated in Georgia).
Retrieving the full opinion text from the archive…
ARROWHEAD ALTERNATOR, INC. Et Al.
v.
CIT COMMUNICATIONS FINANCE CORPORATION
A04A1089.
Court of Appeals of Georgia.
Jul 12, 2004.
602 S.E.2d 231
Paul S. Weiner, for appellants., Nelson, Mullins, Riley & Scarborough, RichardB. Herzog, Jr., for appellee.
Andrews, Ellington, Miller.
Cited by 28 opinions  |  Published
3 passages pin-cited by 3 cases
Pinpoint authority: bottom 92%
Citer courts: District of Columbia Court of … (2) · Court of Appeals of Georgia (1)
Ellington, Judge.

Arrowhead Alternator, Inc. and James Kalina (collectively, “Arrowhead”) appeal from an October 20, 2003 judgment of the Superior Court of Clayton County ordering Arrowhead to pay $67,204.61 to CIT Communications Finance Corporation (“CIT”). Because the October 20, 2003 judgment was void ab initio as a second judgment between the same parties in the same suit, and Arrowhead should have filed an application from the only appealable decision, the October 15, 2003 order denying the motion to set aside, we dismiss this appeal for lack of jurisdiction.

On February 21, 2003, CIT obtained a default judgment against Arrowhead in a New Jersey court. On April 30, 2003, CIT filed a petition for domestication of the New Jersey judgment in the Superior Court of Clayton County pursuant to the Uniform Enforcement of Foreign Judgments Law (the “Uniform Act”). OCGA §§ 9-12-130 through 9-12-138. In addition to specifically invoking OCGA § 9-12-133, the petition included as an attachment an authenticated copy of the New Jersey judgment, as required by OCGA§ 9-12-132, and an affidavit of creditor’s counsel, as required by OCGA § 9-12-133.

On May 8, 2003, Arrowhead moved to set aside the New Jersey judgment. The trial court held an evidentiary hearing on September 9, 2003, and denied Arrowhead’s motion to set aside on October 15,[*465] 2003. The trial court found that the New Jersey court had jurisdiction over Arrowhead for purposes of entering the default judgment, that Kalina was adequately served with process, and that New Jersey had adopted a version of the Uniform Act, as required for application of the Uniform Act to the New Jersey judgment. SeeOCGA§ 9-12-138. The trial court then issued a separate judgment on October 20, 2003, ordering Arrowhead to pay CIT $65,626.96 in principal and $1,577.65 in attorney fees, the exact amount of the New Jersey default judgment. Arrowhead did not seek to appeal from the denial of its motion to set aside, but rather filed a direct appeal of the October 20, 2003 judgment.

Before considering the merits of Arrowhead’s enumerations, we must determine whether we have jurisdiction to hear this appeal. Under the Uniform Act,

[t]he clerk shall treat the foreign judgment in the same manner as a judgment of the court in which the foreign judgment is filed. A filed foreign judgment has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, staying, enforcing, or satisfying as a judgment of the court in which it is filed and may be enforced or satisfied in like manner.

OCGA§ 9-12-132. See also Hammette v. Eickemeyer, 203 Ga. App. 243 (416 SE2d 824) (1992). Accordingly, the New Jersey judgment, as filed under the Uniform Act, had the same effect as a judgment originally entered in the Superior Court of Clayton County. Thus, the situation here is parallel to one in which the trial court had issued a default judgment against Arrowhead for $67,204.61, the trial court then denied a motion to set aside the default judgment, and subsequently issued a second judgment for $67,204.61.

In the absence of a statute to the contrary it is a general rule that there can be only one final judgment in any action at law, and that is the one which, in effect, ends the suit and finally determines the rights of the parties with relation to the matter in controversy. ... It follows as a necessary consequence of the general rule that, when a final judgment has once been entered, no second or different judgment may be rendered between the same parties and in the same suit, until the first shall have been vacated and set aside or reversed on appeal or error. Where a second judgment is entered by a court after the first judgment has become final the second judgment is void.
[*466] Decided July 12, 2004 Paul S. Weiner, for appellants. Nelson, Mullins, Riley & Scarborough, RichardB. Herzog, Jr., for appellee.

(Footnotes omitted.) 49 CJS, Judgments, § 76. See also Mendenhall v. Stovall, 195 Ga. 492, 496-497 (24 SE2d 795) (1943) (there must be a point in every court procedure when the particular cause is finally disposed of, its thread cut, and the parties are out of court). It follows that the October 20, 2003 judgment was void ab initio and is a nullity because the New Jersey judgment, as domesticated in Georgia, had not been vacated or set aside.

The proper method for attacking a foreign judgment filed in Georgia under the Uniform Act is a motion to set aside under OCGA § 9-11-60 (d). Arnold v. Brundidge Banking Co., 209 Ga. App. 278 (433 SE2d 388) (1993) (overruled on other grounds, Okekpe v. Commerce Funding Corp., 218 Ga. App. 705, 706 (463 SE2d 23) (1995)). “[T]he discretionary appeal procedures are required to appeal the denial of a motion to set aside a judgment filed pursuant to OCGA § 9-11-60 (d).” Ubosi v. Leasecomm Corp., 226 Ga. App. 606, 607 (487 SE2d 141) (1997). The only appealable judgment in this case was the October 15, 2003 order denying the motion to set aside. Because Arrowhead has failed to appeal the denial of its motion to set aside by application, we have no jurisdictional basis for this appeal and it must be dismissed. See generally Dept. of Human Resources v. Holland, 236 Ga. App. 273, 274 (511 SE2d 628) (1999) (order was a nullity and provided no basis for review).

Appeal dismissed.

Andrews, R J., and Miller, J., concur.