Shannon Co. v. Heneveld, 217 S.E.2d 424 (Ga. Ct. App. 1975). · Go Syfert
Search
Shannon Co. v. Heneveld, 217 S.E.2d 424 (Ga. Ct. App. 1975). Cases Citing This Book View Copy Cite
16 citation events across 2 distinct courts.
Strongest positive: Lawler v. Georgia Mutual Insurance (gactapp, 1980-10-28)
Top citers, strongest first. 1 distinct citer.
discussed Cited as authority (rule) Lawler v. Georgia Mutual Insurance (2×)
Ga. Ct. App. · 1980 · confidence medium
This court also held in Shannon Co. v. Heneveld, 135 Ga. App. 252, 253 (2) ( 217 SE2d 424 ) that a motion to vacate and set aside a final judgment is not a motion included among those motions enumerated in Code Ann. § 6-803 (Ga. L. 1965, pp. 18, 21; 1966, pp. 493, 496; 1968, pp. 1072, 1077) which automatically extends the filing date of a notice of appeal to "within 30 days after the entry of the order granting, overruling or otherwise finally disposing of the motion." In both Ellis and Shannon above this court dismissed the appeal.
SHANNON COMPANY
v.
HENEVELD Et Al.
50713.
Court of Appeals of Georgia.
Jun 13, 1975.
217 S.E.2d 424
Skinner, Wilson, Beals & Strickland, Warner R. Wilson, Jr., Earl B. Benson, Jr., for appellant., Rolader, Barham, Davis, Graham & McEvoy, D. W. Rolader, Lawrence J. McEvoy, Jr., for appellees.
Deen, Evans, Stolz.
Cited by 7 opinions  |  Published
Deen, Judge.

1. A default judgment is a final and appealable judgment.

[*253] Argued May 21, 1975 Decided June 13, 1975 Rehearing denied June 26, 1975 Skinner, Wilson, Beals & Strickland, Warner R. Wilson, Jr., Earl B. Benson, Jr., for appellant. Rolader, Barham, Davis, Graham & McEvoy, D. W. Rolader, Lawrence J. McEvoy, Jr., for appellees.

2. A motion to vacate and set aside a final judgment is not included among those motions enumerated in Code Ann. § 6-803 which automatically extend the filing date of a notice of appeal. Williams v. Keebler, 222 Ga. 437 (150 SE2d 674); Young v. Young, 227 Ga. 570 (2) (181 SE2d 867); Fastenberg v. Assoc. Distributors, Inc., 134 Ga. App. 213 (213 SE2d 898).

3. Final judgment by default was entered in this case on October 9,1974, against the defendant as a sanction for failure to respond to a request for production of documents filed June 21, 1974, three times postponed at the defendant’s request, followed by an order compelling production dated September 20 pursuant to a rule nisi dated August 27. No objections or response to the request were ever filed. A motion to vacate or set aside was filed on December 6 and denied on January 31,1975. The notice of appeal filed on February 28 appeals only from the denial of the motion to set aside, which is not an appealable judgment, and enumerates error only on the entry of the default judgment, which was entered more than 30 days prior thereto. Accordingly, the appeal must be dismissed.

Appeal dismissed.

Evans and Stolz, JJ., concur.