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151 Ga. App. 430

260 S.E.2d 384

Gordy v. Sumner

Court of Appeals of Georgia

Decided September 20, 1979

Court of Appeals of Georgia · decided 1979-09-20

Cited by 4 later decisions — most recently March 2016

4 state decisions

Relies on 144 Ga. App. 582 - Diaz v. First National Bank

Good law ✅— No negative treatment on recordhow we know

Decided 1979-09-20

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Smith, Judge.

¶1 In this case before us by interlocutory review, the trial court granted appellants’ motion to add appellee Robert L. Sumner as a party to their action, originally brought against Brady Sumner and Cecil Kimble. Although the permitted amendment to the complaint, with summons attached, was served upon appellee, there was no court order requiring appellee to file an answer. Contrary to appellants’ contentions, it follows that appellee was never in default and that the court properly allowed appellee to appear and defend. Diaz v. First Nat. Bank, 144 Ga. App. 582 (2) (241 SE2d 467) (1978).

¶2 Judgment affirmed.

Quillian, P.J., andBirdsong, J., concur. *431 Fred W. Rigdon, Jr., for appellants. Larkin M. Fowler, Jr., James C. Whelchel, for appellees.
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