City of Cornelia v. Gunter, 26376
| Decision Date | 08 April 1971 |
| Docket Number | No. 26376,26376 |
| Citation | 227 Ga. 464,181 S.E.2d 489 |
| Parties | CITY OF CORNELIA v. Jack N. GUNTER et al. |
| Court | Georgia Supreme Court |
Linton K. Crawford, Cornelia, for appellant.
Jack N. Gunter, Cornelia, Robinson, Buice, Harben & Strickland, Emory F. Robinson, Gainesville, Arthur K. Bolton, Atty. Gen., Atlanta, Ellard & Frankum, Clarkesville, for appellees.
Syllabus Opinion by the Court
This appeal is from an order of the trial court entered at the November 1970 term and dated December 2, 1970. The order overruled the City of Cornelia's first defense that the complaint failed to state a claim against this defendant upon which relief could be granted. This order changed the judgment of the trial court entered at the June 1970 term which was dated September 17, 1970 and dismissed the City of Cornelia as a party defendant. No motion to set aside the order of September 17, 1970 was made. Held:
Carswell v. Shannon, 209 Ga. 596(2), 74 S.E.2d 850. This rule as to the finality of judgments has not been changed by the Civil Practice Act of 1966 (Code Ann. § 81A-160(h)). Compare Martin v. General Motors Corp., 226 Ga. 860(1), 178 S.E.2d 183; Hicks v. Hicks, 226 Ga. 798, 177 S.E.2d 690.
Accordingly the trial court was without authority to alter its judgment of September 17, 1970, at a subsequent term. The judgment of the trial court dated December 2, 1970, overruling the first defense filed by the City of Cornelia is therefore reversed.
Judgment reversed.
All the Justices concur.
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