Georgia Court of Appeals, 1979

Gordy v. Sumner

Gordy v. Sumner
Georgia Court of Appeals · Decided September 20, 1979 · Smith, Quillian
260 S.E.2d 384; 151 Ga. App. 430; 1979 Ga. App. LEXIS 2560 (South Eastern Reporter, Second Series)

Gordy v. Sumner

Opinion

Smith, Judge.

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).

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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