Strother v. Hill Aircraft Leasing Corporation

Full title: STROTHER v. HILL AIRCRAFT LEASING CORPORATION

Court: Court of Appeals of Georgia

Date published: May 5, 1977

235 S.E.2d 647 (Ga. Ct. App. 1977)

235 S.E.2d 647

Opinion

53841.

ARGUED MAY 4, 1977.

DECIDED MAY 5, 1977.

Action on contract. Fayette Superior Court. Before Judge Whalen.

Scheer Elsner, Robert A. Elsner, Michael Weinstock, for appellant.

Thompson, Stovall, Stokes Thompson, James F. Stovall, III, for appellee.

WEBB, Judge.

The answer, including a counterclaim, was stricken pursuant to Rule 41 (Code Ann. § 24-3341) upon failure of defendant's counsel or defendant to appear, judgment by default was entered, and defendant appeals. The record indicates, however, that defendant filed a motion to set aside the default judgment, and there apparently has been no disposition of that motion. The case thus is still pending below, there is no certificate for immediate review, the appeal is premature and must be dismissed. Code Ann. § 6-701 (a); Lee v. Morrison, 135 Ga. App. 72 ( 217 S.E.2d 395) (1975); Shuford v. Jackson, 139 Ga. App. 469 ( 228 S.E.2d 605) (1976).

Appeal dismissed. Deen, P. J., and Marshall, J., concur.

ARGUED MAY 4, 1977 — DECIDED MAY 5, 1977.