Summary
In Marler Oil Co. v. Citizens & Southern Bank, 153 Ga. App. 186, 265 S.E.2d 58 (1980), one of the cases cited, we affirmed the denial of the timely filed motion to modify because accrued costs were paid 20 days after the statutory period expired.
Summary of this case from Principal Lien Servs., LLC v. Kimex Boat Rock 1183, LLC.Opinion
58831.
ARGUED NOVEMBER 19, 1979.
DECIDED JANUARY 7, 1980. REHEARING DENIED JANUARY 28, 1980.
Garnishment. Cobb State Court. Before Judge Robinson.
John F. Sheehy, for appellant.
Ben F. Johnson, III, Robert E. McCormack, III, Charles N. Field, Sheri H. Silverman, for appellee.
After suffering a default judgment, appellant-garnishee moved for relief under Code § 64-509, within sixty days of receiving actual notice of the default judgment. However, appellant did not tender the accrued court costs until approximately eighty days subsequent to its receiving actual notice of the judgment. The trial court, therefore, correctly denied appellant's motion. Code § 46-509; Boston Sea Party v. Bryant c. Co., 146 Ga. App. 294 (3) ( 246 S.E.2d 350) (1978).
Judgment affirmed. Quillian, P. J., and Birdsong, J., concur.