Castagna v. Rogers
Castagna v. Rogers
Opinion of the Court
This appeal arises from an action by the appellee, a Virginia attorney, to recover fees for representing the appellant and three corporations owned by him, which were identified in the complaint as follows: “HASTINGS INDUSTRIES, INC., U. S. ENERGY CONSERVATION SYSTEMS, INC., a Georgia corporation, and U. S. ENERGY CONSERVATION SYSTEMS, INC., a Delaware corporation.” (Also named as a defendant in the original complaint was a second individual who was later voluntarily dismissed from the action by the appellee.) The appellant and the three corporate defendants failed to answer the complaint; and on April 26, 1982, following a non-jury trial on the issue of damages, the appellee obtained a default judgment against the appellant, Hastings Industries, Inc., and “U. S. Energy Conservation Systems, Inc.” in the amount of $61,008.86. On
The appellant does not dispute that all three corporate defendants were in default as of the date of trial on April 26,1982, and there is no conceivable reason why the trial judge would have intended to exclude either of the corporate defendants with the name, U. S. Energy Conservation Systems, Inc., from the ambit of the default judgment. Thus, we conclude that the nunc pro tunc amendment “changed nothing of substance . . . [with the result that] there was no new judgment, order of ruling . . . which could be the subject of appeal.” Duncan v. Ball, 174 Ga. App. 341, 345 (330 SE2d 160) (1985). It follows that the present appeal must be dismissed.
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.