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Dunn v. Lockheed-Georgia Company

Court of Appeals of Georgia
Jul 14, 1978
247 S.E.2d 601 (Ga. Ct. App. 1978)

Opinion

55812.

SUBMITTED MAY 15, 1978.

DECIDED JULY 14, 1978.

Termination of employment. Cobb Superior Court. Before Judge Bullard.

Charles E. Price, for appellant.

Awtrey, Parker, Risse, Mangerie Dozier, Dana L. Jackel, for appellee.


Appellant appeals from the denial of a motion to set aside a judgment for appellee. The basis of the motion was that appellee failed to verify its answer in response to appellant's verified complaint. However, failure to verify a pleading is an amendable defect ( Wall v. Mills, 126 Ga. App. 149 (1) ( 190 S.E.2d 146)) and supplies no basis for setting a judgment aside under Code Ann. § 81A-160 (d) which requires a nonamendable defect on the face of the record or pleadings.

Appellant's other enumerations of error are directed to the granting of the judgment to appellee. However, an appeal from that judgment was dismissed by this court in Dunn v. Lockheed-Ga. Co., 143 Ga. App. 66 ( 237 S.E.2d 531), for failure to timely file a notice of appeal. It is still too late.

Judgment affirmed. Bell, C. J., and Birdsong, J., concur.

SUBMITTED MAY 15, 1978 — DECIDED JULY 14, 1978.


Summaries of

Dunn v. Lockheed-Georgia Company

Court of Appeals of Georgia
Jul 14, 1978
247 S.E.2d 601 (Ga. Ct. App. 1978)
Case details for

Dunn v. Lockheed-Georgia Company

Case Details

Full title:DUNN v. LOCKHEED-GEORGIA COMPANY

Court:Court of Appeals of Georgia

Date published: Jul 14, 1978

Citations

247 S.E.2d 601 (Ga. Ct. App. 1978)
247 S.E.2d 601

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