Collins v. Martin
Collins v. Martin
Opinion of the Court
Confirmation of Foreclosure — Service of Process. Martin sold property to the Collins (father and son) who gave two promissory notes in payment with security deeds on the purchased property. The notes came into default and Martin foreclosed in September, 1980. Within thirty days, a petition for confirmation was filed and the trial judge executed a rule nisi showing he received notice within the time provided by law. The attorney for Martin personally served both Collins. Approximately ten days later and apparently because of intervening judicial pronouncements that service by an attorney for a party was insufficient, a judge of the superior court appointed
We reject this argument. Appellants, the Collins, were personally served, albeit in an irregular manner, well within the 30 days and filed an appearance and answer. After their motions were denied, the Collins entered a motion for a continuance in order to pursue an interlocutory appeal. It is the law of this state that a general appearance with a motion for continuance which is sanctioned constitutes a waiver to questionable service of process. See Southern R. Co. v. Coleman, 80 Ga. App. 227, 228 (55 SE2d 825); Tate v. Leres, 59 Ga. App. 6, 9 (200 SE 325). Moreover, appellants were both aware of the petition for confirmation, having been personally served. They appeared with attorney and were successful in litigating the issue of service, ultimately obtaining a quashing of the service. However, the trial court acting within its discretion concluded that the delay in effecting legally proper service of process of the confirmation petition, obviously sanctioned by the court, did not deny the Collins notice nor affect what amounted to compliance with service within 30 days of the foreclosure and more than five days before the confirmation hearing. See Teri-Lu v. Georgia Bank &c. Co., 147 Ga. App. 860, 862 (250 SE2d 548); Grizzle v. Federal Land Bank of Columbia, 145 Ga. App. 385, 389 (244 SE2d 362). Allowing this case to
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.