Glenco-Belvedere Animal Hospital, Inc. v. Winters

Full title: GLENCO-BELVEDERE ANIMAL HOSPITAL, INC. v. WINTERS

Court: Court of Appeals of Georgia

Date published: Sep 12, 1973

200 S.E.2d 506 (Ga. Ct. App. 1973)

129 Ga. App. 621

Opinion

48530.

SUBMITTED SEPTEMBER 5, 1973.

DECIDED SEPTEMBER 12, 1973.

Action on account. DeKalb State Court. Before Judge Smith.

Richard R. Kirby, for appellant.

Charles H. Hyatt, Robert J. NeSmith, for appellee.

STOLZ, Judge.

An "appearance" card, containing no admissions, denials, or statements of inability to answer for any reason, does not meet the statutory standards for a pleading as set forth in Code Ann. § 81A-112 (b) (Ga. L. 1966, pp. 609, 622; 1967, pp. 226, 231; 1968, pp. 1104, 1106; 1972, pp. 689, 692, 693) and Code Ann. § 81A-108 (b) (Ga. L. 1966, pp. 609, 619; 1967, pp. 226, 230); therefore, the Judge of the State Court of DeKalb County erred in his order ruling that the filing of such an "appearance" card only in this action on an open account, constituted an answer that joined the issues in the case.

Judgment reversed. Eberhardt, P. J., and Pannell, J., concur.

SUBMITTED SEPTEMBER 5, 1973 — DECIDED SEPTEMBER 12, 1973.