Opinion
77618.
DECIDED NOVEMBER 3, 1988. REHEARING DENIED NOVEMBER 21, 1988.
Contempt action. Fulton State Court. Before Judge Cummings.
Joseph J. Attwell, pro se. Goodman, Hudnall McManus, Lauren J. Larmer, for appellee.
This appeal is from an order of the State Court of Fulton County holding appellant in contempt of court for failing to comply with an order requiring him to appear for a post-judgment deposition. Held:
This case first appeared in this court in Attwell v. Sears, Roebuck Co., 159 Ga. App. 811 ( 285 S.E.2d 199).
1. In his first enumeration of error, appellant contends "[t]he order adjudging [him] in contempt is insufficient in law and should be reversed." We do not agree.
"OCGA § 15-7-4 (5) . . . vests State Courts with jurisdiction to punish `contempts by fine not exceeding $500 or by imprisonment not exceeding 20-days, or both.' [Cit.]" Carey Canada, Inc. v. Hinely, 257 Ga. 150, 151 ( 356 S.E.2d 202). In the case sub judice, the state court's contempt order of June 16, 1988, in addition to finding defendant in contempt for his failure to appear as ordered in a prior order of the court, required defendant to "appear for his deposition . . . [and] to pay $250.00 in attorney's fees, said sum to be paid on or before taking his deposition." This penalty did not exceed the state court's jurisdiction under OCGA § 15-7-4 (5). See OCGA § 9-11-37 (b) and Carey Canada, Inc. v. Hinely, 257 Ga. 150, supra.
2. In his second enumeration of error, appellant contends "[t]he trial court erred in not vacating the default judgment and dismissing the cause."
This appeal is not from an order denying appellant's motion to set aside (designated by appellant as "Motion of Defendant to Vacate Default Judgment"). This is an appeal from the trial court's order holding appellant in contempt of court. Consequently, this court has no jurisdiction to consider appellant's second enumeration of error. See Lewis v. Sun Mgt., 182 Ga. App. 560 ( 356 S.E.2d 526).
Judgment affirmed. Pope and Benham, JJ., concur.