Finance America Corporation v. Drake

Full title: FINANCE AMERICA CORPORATION v. DRAKE

Court: Court of Appeals of Georgia

Date published: Sep 17, 1979

259 S.E.2d 739 (Ga. Ct. App. 1979)

259 S.E.2d 739

Opinion

58100.

ARGUED JULY 9, 1979.

DECIDED SEPTEMBER 17, 1979.

Motion to set aside. DeKalb State Court. Before Judge Mitchell.

Joe G. Davis, Jr., John C. Porter, Jr., for appellant.

E. Graydon Shuford, for appellee.

Charles M. Baird, amicus curiae.

BIRDSONG, Judge.

Appellant obtained a default judgment against appellee in a suit to recover on a promissory note executed pursuant to the Georgia Industrial Loan Act. Code Ann. Ch. 25-3. Appellee thereafter moved to set aside the judgment based on our decision in Consolidated Credit Corp. v. Peppers, 144 Ga. App. 401 ( 240 S.E.2d 922). The trial court granted the motion which leaves the case pending below as the complaint was not dismissed. This judgment therefore is not a final one. Mayson v. Malone, 122 Ga. App. 814 ( 178 S.E.2d 806). As review of this order has not been authorized under the interlocutory procedure, the appeal is premature and must be dismissed. Geiger Fin. Co. v. Scott Vending Co., 144 Ga. App. 16 ( 240 S.E.2d 581).

Appeal dismissed. Quillian, P. J., and Smith, J., concur.

BIRDSONG, Judge.

ARGUED JULY 9, 1979 — DECIDED SEPTEMBER 17, 1979.