lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
ATTWELL v. SEARS, ROEBUCK & COMPANY.
77618.
MCMURRAY, Presiding Judge.
Contempt action. Fulton State Court. Before Judge Cummings.
This appeal is from an order of the State Court of Fulton County holding appellant in contempt of court for failing to comply with an order requiring him to appear for a post-judgment deposition. 1 Held:
1. In his first enumeration of error, appellant contends "[t]he order adjudging [him] in contempt is insufficient in law and should be reversed." We do not agree.
"OCGA 15-7-4 (5) . . . vests State Courts with jurisdiction to punish 'contempts by fine not exceeding $500 or by imprisonment not exceeding 20 days, or both.' [Cit.]" Carey Canada, Inc. v. Hinely, 257 Ga. 150, 151 (356 SE2d 202). In the case sub judice, the state court's contempt order of June 16, 1988, in addition to finding defendant in contempt for his failure to appear as ordered in a prior order of the court, required defendant to "appear for his deposition . . . [and] to pay $250.00 in attorney's fees, said sum to be paid on or before taking his deposition." This penalty did not exceed the state court's jurisdiction under OCGA 15-7-4 (5). See OCGA 9-11-37 (b) and Carey Canada, Inc. v. Hinely, 257 Ga. 150, supra.
2. In his second enumeration of error, appellant contends "[t]he trial court erred in not vacating the default judgment and dismissing the cause."
This appeal is not from an order denying appellant's motion to set aside (designated by appellant as "Motion of Defendant to Vacate Default Judgment"). This is an appeal from the trial court's order holding appellant in contempt of court. Consequently, this court has no jurisdiction to consider appellant's second enumeration of error. See Lewis v. Sun Mgt., 182 Ga. App. 560 (356 SE2d 526).
Goodman, Hudnall & McManus, Lauren J. Larmer, for appellee.
Notes
1  This case first appeared in this court in Attwell v. Sears, Roebuck & Co., 159 Ga. App. 811 (285 SE2d 199).
Joseph J. Attwell, pro se.
DECIDED NOVEMBER 3, 1988 -- REHEARING DENIED NOVEMBER 21, 1988 -- CERT. APPLIED FOR.
Thursday May 21 12:02 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com