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Clinton Leasing Corp. v. Patterson
Citations: 209 Ga. App. 336; 433 S.E.2d 422; 93 Fulton County D. Rep. 2721; 1993 Ga. App. LEXIS 862Docket: A93A0527, A93A0756
Court: Court of Appeals of Georgia; July 7, 1993; Georgia; State Appellate Court
A default judgment of $34,830.11 plus interest and attorney fees was entered against six appellees on January 14, 1992, due to their failure to respond to a complaint regarding their personal guarantees of a lease. After the appeal period lapsed, the appellant served interrogatories to the appellees via U.S. mail, which went unanswered, prompting the appellant to file a motion to compel responses. During the hearing on this motion, the appellees' counsel orally moved to dismiss, claiming lack of jurisdiction as the appellant had not personally served the post-judgment pleadings. The trial court granted the dismissal, reasoning that since a final judgment had been issued, the appellant could not compel post-judgment discovery without personal service, thus lacking jurisdiction. The appellant appealed this dismissal order and simultaneously sought a certificate of immediate review, which was granted, leading to a second appeal for potential interlocutory review. The appellate court found that the trial court erred in dismissing the appellant's pleadings. It emphasized that OCGA 9-11-69 facilitates post-judgment discovery and allows service by mail on counsel under OCGA 9-11-5(b). Consequently, the appellate court reversed the trial court's dismissal in Case No. A93A0527 and dismissed the appeal in Case No. A93A0756 as unnecessary. Judges McMurray and Beasley concurred with this decision.