Opinion
58312.
ARGUED SEPTEMBER 10, 1979.
DECIDED JANUARY 7, 1980.
Bad check. Clayton State Court. Before Judge Foster.
John B. Degonia, for appellant.
William E. Frey, for appellee.
Appellant brought an action on a check. Appellee filed an answer, but failed to appear in court. On September 18, 1978, the trial court entered a default judgment against appellee. On November 9, 1978, during a subsequent term of court (see Ga. L. 1964, pp. 2032, 2036), the trial court vacated its judgment and, on April 4, 1979, entered judgment on the merits in favor of appellee. We reverse.
1. With few exceptions, a judgment may not be set aside beyond the term in which it is rendered. Kiplinger v. Nature Island, Inc., 149 Ga. App. 103, 104 ( 253 S.E.2d 569) (1979); CPA § 60 (Code Ann. § 81A-160). Since the default judgment entered in this case does not fall within any of these exceptions, the trial court erred in vacating the judgment during a subsequent term of court. Appellant's remedy, if any, lies in Code Ann. § 81A-160(e), C. S. Nat. Bank v. Burden, 145 Ga. App. 402, 406 ( 244 S.E.2d 244) (1978).
2. Appellee's contention that once appellant obtained a certificate of immediate review, she was bound to pursue an interlocutory appeal or otherwise forfeit her right to appeal is worthy of mention solely on account of its novelty. As a legal argument, it is wholly without merit.
Judgment reversed. Quillian, P. J., and Birdsong, J., concur.