Nat'l City Mortgage Inc. v. Point Ctr. Financial Inc.
| Decision Date | 29 October 2010 |
| Docket Number | No. A10A0886.,A10A0886. |
| Citation | 306 Ga.App. 655,703 S.E.2d 113 |
| Parties | NATIONAL CITY MORTGAGE, INC., et al.v.POINT CENTER FINANCIAL, INC., et al. |
| Court | Georgia Court of Appeals |
306 Ga.App. 655
703 S.E.2d 113
10 FCDR 3641
NATIONAL CITY MORTGAGE, INC., et al.
v.
POINT CENTER FINANCIAL, INC., et al.
No. A10A0886.
Court of Appeals of Georgia.
Oct. 29, 2010.
[703 S.E.2d 114]
Beloin, Brown, Blum & Baer, Elizabeth T. Baer, for appellants.Diment & Carroll, Price H. Carroll, for appellees.BARNES, Presiding Judge.
[306 Ga.App. 655] National City Mortgage, Inc., Audie Flowers, and Kim Betts appeal the trial court's orders entering judgment by default against Betts, denying Betts's motion to extend the time to file a responsive pleading and to open the default and denying Flowers's motions to set aside the default judgment, to open the default, and to file a responsive pleading. This appeal arises from proceedings initiated when National City Mortgage filed a complaint for declaratory judgment against Point Center Financial, Inc., and 36 other named defendants. Point Center Financial answered and counterclaimed against National City Mortgage, and later moved to add Flowers and Betts as defendants in counterclaim alleging that they were necessary parties. The trial court granted the order, but did not order Flowers and Betts to answer the counterclaim. Point Center Financial obtained a summons from the clerk of court and had them served with the Amended Counterclaims for Declaratory Relief that it filed.
When Flowers and Betts did not answer the counterclaim, Point Center Financial moved to hold them in default, and the trial court granted the motion. The trial court denied Flowers and Betts's motions to open the defaults, and later entered default judgments against them. Later, the trial court refused to set aside the default judgments.
Now, Flowers and Betts argue that the trial court erred by granting a default judgment against them because they were not required to answer an amended complaint. See OCGA § 9–11–12(a). Flowers and Betts concede, however, that their motions in the trial court failed to present this argument to the trial court until after the default judgment was entered against them and they filed their notice of appeal. Then, in a joint motion Flowers filed an amended motion to set aside the default judgment and Betts filed a motion to set aside the default judgment raising this argument. Because the notice of appeal deprived it of jurisdiction to consider these motions, the trial court properly deferred ruling on the motion pending this appeal.
Although ordinarily we would not grant relief to appellants on grounds...
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The Legal
...[8] Early v. MiMedx Group, Inc., 330 Ga. App. 652, 655, 768 S.E.2d 823, 826 (2015); Nat'l City Mortg., Inc. v. Point Center Fin., Inc., 306 Ga. App. 655, 656, 703 S.E.2d 113, 114 [9] O.C.G.A. § 9-11-12(a) (2019). [10] Id.; Yukon Partners, Inc. v. Lodge Keeper Group, Inc., 258 Ga. App. 1, 3 ......