The Pantry, Inc. v. Harris, A04A2221.
| Court | United States Court of Appeals (Georgia) |
| Writing for the Court | MILLER. |
| Citation | 609 S.E.2d 692,271 Ga. App. 346 |
| Parties | THE PANTRY, INC. v. HARRIS. |
| Docket Number | No. A04A2221.,A04A2221. |
| Decision Date | 21 January 2005 |
609 S.E.2d 692
271 Ga.App. 346
v.
HARRIS
No. A04A2221.
Court of Appeals of Georgia.
January 21, 2005.
Cook & Connelly, Bobby Lee Cook, Summerville, Gregory, Christy, Manikal & Dennis, Hardy Gregory, Jr., Cordele, for Appellee.
MILLER, Judge.
In this appeal from a default judgment in a slip and fall case, The Pantry, Inc. (The Pantry) argues that the trial court erred in refusing to set aside the judgment. We disagree and therefore affirm.
On March 16, 2004, Jeannette Harris filed a negligence lawsuit alleging that she fell and was injured on the premises of a Golden Gallon gas station and convenience store owned by The Pantry. Harris served her complaint on the store manager the following day. On May 4, one day after the 45-day period in which The Pantry could open default as a matter of right (see OCGA § 9-11-55(a)), Harris moved for default judgment as to liability on the ground that no defensive pleadings had been filed. On May 5, Harris also moved to schedule a hearing on damages. That same day, the trial court entered a default judgment and set the damages hearing for May 7. On that day, after reviewing evidence including medical bills in the amount of
Finally, on May 17, The Pantry filed an answer and moved to set aside the default judgment, either by exercise of the court's discretion or under OCGA § 9-11-60. After a hearing, the trial court denied the motion. The Pantry now appeals on two grounds: (1) that the trial court failed to set the trial on damages at least twenty days after its judgment on liability, and (2) that it abused its discretion by failing to open the default.1
[1] 1. At the hearing on its motion to set aside, The Pantry failed to raise the claim that the trial court erred when it failed to allow 20 days or some other reasonable time to elapse between the trial on liability and that on damages. See Uniform State Court Rule 8.3; OCGA § 9-11-40(a). Issues neither raised nor ruled on in the trial court cannot be raised for the first time on appeal. Assn. Svcs., Inc. v. Smith, 249 Ga.App. 629, 632(1), 549 S.E.2d 454 (2001). Even if the [271 Ga. App. 347] argument had been properly raised, it would fail on its merits as well, since a party's failure to file...
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...in a manner consistent with the best interests of justice”) (citation omitted). 16. Supra. 17. See generally The Pantry, Inc. v. Harris, 271 Ga.App. 346, 347(2), 609 S.E.2d 692 (2005) (explaining that “the first and essential step against any final judgment, including a default judgment, is......
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Fred Jones Enters., LLC v. Williams, A14A1877.
...been granted may a trial court consider whether to open default under OCGA § 9–11–55.” (Citation omitted.) The Pantry, Inc. v. Harris, 271 Ga.App. 346, 347(2), 609 S.E.2d 692 (2005). Under OCGA § 9–11–60(d), “[a] motion to set aside may be brought to set aside a judgment based upon ... [f]r......
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Aldworth Co. v. England, A05A1546.
...the default judgment entered against Aldworth in this case. See N.J.S.A. 17:30A-18; OCGA § 9-11-60(d)(2); The Pantry, Inc. v. Harris, 271 Ga.App. 346, 347(2), 609 S.E.2d 692 (2005) (trial court did not abuse discretion in denying motion to set aside default judgment where movant's negligenc......
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Dockery v. Haedong Indus. Co.
...to OCGA § 9-11-55. Given our holding in Division 1, supra, we do not reach these contentions. See generally The Pantry, Inc. v. Harris , 271 Ga. App. 346, 347 (2), 609 S.E.2d 692 (2005) ("[T]he first and essential step against any final judgment, including a default judgment, is a motion to......