Cheuvront v. Carter, No. A03A1248.
| Court | Georgia Court of Appeals |
| Writing for the Court | MILLER. |
| Citation | 589 S.E.2d 609,263 Ga. App. 837 |
| Parties | CHEUVRONT v. CARTER et al. |
| Docket Number | No. A03A1248. |
| Decision Date | 29 October 2003 |
589 S.E.2d 609
263 Ga. App. 837
v.
CARTER et al
No. A03A1248.
Court of Appeals of Georgia.
October 29, 2003.
Certiorari Denied February 16, 2004.
McCallar & Associates, C. James McCallar, Jr., Mark Bulovic, Savannah, for appellant.
Dennis G. Dozier, Rincon, for appellees.
MILLER, Judge.
Michael J. Cheuvront d/b/a Rent Company appeals from the trial court's order granting the defendants' (William H. Carter and James Carter, d/b/a C.C. Enterprises) motion to set aside default judgment. As the trial court properly exercised its discretion in setting aside the judgment under OCGA § 9-11-60(d)(2), we affirm.
Cheuvront sued the Carters for the unpaid rental of certain equipment. Summons was served on William Carter on March 15, 2002, and on his son James on March 16, 2002. William made several attempts to contact Cheuvront's attorney, C. James McCallar, Jr., in the weeks following service, leaving several phone messages. William and McCallar finally spoke by phone in late April 2002, after the 30-day period for answering had expired but within the 45-day period allowed for opening default as a matter of right. See generally OCGA § 9-11-55(a). During the conversation, William explained to McCallar that he and his son were not proper defendants in the lawsuit. McCallar responded by stating, "I understand." McCallar did not inform William that he should seek the advice of an attorney or that the case was in default. William explained that after the conversation with McCallar, he believed that the situation had been resolved.
Cheuvront filed a motion for default judgment on the ground that the defendants failed to answer the complaint, which motion the court granted on May 13, 2002. On October 8, 2002, the defendants filed a motion to set aside the default judgment. The
"[A]fter expiration of the term of court in which a default judgment is entered, the trial court's discretion in setting aside the default judgment is limited to the criteria set forth in OCGA §...
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Summerville v. Innovative Images, LLC, A19A0258
...trial court manifestly abused its discretion in concluding that this was a "proper case" for opening default. See Cheuvront v. Carter , 263 Ga. App. 837, 838, 589 S.E.2d 609 (2003) (affirming trial court's setting aside of default judgment where defendant's conversation with plaintiff's cou......
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McDonald & Cody v. State, A22A0531
...the adverse party. Principal Lien Svcs., LLC v. NAH Corp. , 346 Ga. App. 277, 282-283 (3), 814 S.E.2d 4 (2018) ; Cheuvront v. Carter , 263 Ga. App. 837, 838, 589 S.E.2d 609 (2003). If so, we must also consider whether the fraud, accident, mistake, or act of the adverse party was unmixed wit......
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Fred Jones Enters., LLC v. Williams, No. A14A1877.
...its discretion in refusing to set aside the default judgment under the limited statutory criteria. See, e.g., Cheuvront v. Carter, 263 Ga.App. 837, 838, 589 S.E.2d 609 (2003). Whether or not the damages awarded were supported by the evidence presented to the trial court is not a statutory f......
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Principal Lien Servs., LLC v. Nah Corp., A18A0029
...on the ground that plaintiff failed to provide judgment debtor with timely notice of garnishment action).15 See Cheuvront v. Carter , 263 Ga. App. 837, 838, 589 S.E.2d 609 (2003) (noting that in deciding whether the trial court properly set aside the judgment, we must ask whether the judgme......
-
Summerville v. Innovative Images, LLC, A19A0258
...trial court manifestly abused its discretion in concluding that this was a "proper case" for opening default. See Cheuvront v. Carter , 263 Ga. App. 837, 838, 589 S.E.2d 609 (2003) (affirming trial court's setting aside of default judgment where defendant's conversation with plaintiff's cou......
-
McDonald & Cody v. State, A22A0531
...the adverse party. Principal Lien Svcs., LLC v. NAH Corp. , 346 Ga. App. 277, 282-283 (3), 814 S.E.2d 4 (2018) ; Cheuvront v. Carter , 263 Ga. App. 837, 838, 589 S.E.2d 609 (2003). If so, we must also consider whether the fraud, accident, mistake, or act of the adverse party was unmixed wit......
-
Fred Jones Enters., LLC v. Williams, No. A14A1877.
...its discretion in refusing to set aside the default judgment under the limited statutory criteria. See, e.g., Cheuvront v. Carter, 263 Ga.App. 837, 838, 589 S.E.2d 609 (2003). Whether or not the damages awarded were supported by the evidence presented to the trial court is not a statutory f......
-
Principal Lien Servs., LLC v. Nah Corp., A18A0029
...on the ground that plaintiff failed to provide judgment debtor with timely notice of garnishment action).15 See Cheuvront v. Carter , 263 Ga. App. 837, 838, 589 S.E.2d 609 (2003) (noting that in deciding whether the trial court properly set aside the judgment, we must ask whether the judgme......