Alexander v. Askin Squire Corp.

Georgia Court of Appeals
Alexander v. Askin Squire Corp., 144 Ga. App. 662 (1978)
242 S.E.2d 324; 1978 Ga. App. LEXIS 1732
Bell

Alexander v. Askin Squire Corp.

Opinion of the Court

Bell, Chief Judge.

Plaintiff obtained a default judgment against defendant on a complaint alleging an indebtedness on a contract in a lump sum. Attached to the complaint was a notice stating that the amount claimed included attorney fees. After entry of the default judgment, defendant moved to set aside the judgment under CPA § 60 (d) (Code Ann. § 81A-160 (d)). The "nonamendable defect” alleged in the motion was that neither the complaint nor the notice attached thereto contained any allegation that attorney fees were authorized; and that the amount of the attorney fees was not separately stated.

Even if the notice for attorney fees failed to comply with the provisions of Code § 20-506 (c) as contended, an issue that we do not decide, it would not afford a basis for setting the judgment aside under CPA § 60 (d), supra for the claimed defect was amendable and was cured by the judgment. A judgment may not be set aside for any defect that is aided by verdict or amendable as a matter of form. Code § 110-705; see Candler v. Orkin, 129 Ga. App. 721 (200 SE2d 909); and Veneer Mfg. Co. v. Hill, 72 Ga. App. 28 (32 SE2d 838).

Judgment affirmed.

Shulman and Birdsong, JJ., concur.

Reference

Full Case Name
ALEXANDER v. ASKIN SQUIRE CORPORATION
Cited By
2 cases
Status
Published