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Marler Oil Company v. Citizens Southern Bank

Court of Appeals of Georgia
Jan 7, 1980
265 S.E.2d 58 (Ga. Ct. App. 1980)

Summary

In Marler Oil Co. v. Citizens & Southern Bank, 153 Ga. App. 186, 265 S.E.2d 58 (1980), one of the cases cited, we affirmed the denial of the timely filed motion to modify because accrued costs were paid 20 days after the statutory period expired.

Summary of this case from Principal Lien Servs., LLC v. Kimex Boat Rock 1183, LLC.

Opinion

58831.

ARGUED NOVEMBER 19, 1979.

DECIDED JANUARY 7, 1980. REHEARING DENIED JANUARY 28, 1980.

Garnishment. Cobb State Court. Before Judge Robinson.

John F. Sheehy, for appellant.

Ben F. Johnson, III, Robert E. McCormack, III, Charles N. Field, Sheri H. Silverman, for appellee.


After suffering a default judgment, appellant-garnishee moved for relief under Code § 64-509, within sixty days of receiving actual notice of the default judgment. However, appellant did not tender the accrued court costs until approximately eighty days subsequent to its receiving actual notice of the judgment. The trial court, therefore, correctly denied appellant's motion. Code § 46-509; Boston Sea Party v. Bryant c. Co., 146 Ga. App. 294 (3) ( 246 S.E.2d 350) (1978).

Judgment affirmed. Quillian, P. J., and Birdsong, J., concur.


ARGUED NOVEMBER 19, 1979 — DECIDED JANUARY 7, 1980 — REHEARING DENIED JANUARY 28, 1980 — CERT. APPLIED FOR.


Summaries of

Marler Oil Company v. Citizens Southern Bank

Court of Appeals of Georgia
Jan 7, 1980
265 S.E.2d 58 (Ga. Ct. App. 1980)

In Marler Oil Co. v. Citizens & Southern Bank, 153 Ga. App. 186, 265 S.E.2d 58 (1980), one of the cases cited, we affirmed the denial of the timely filed motion to modify because accrued costs were paid 20 days after the statutory period expired.

Summary of this case from Principal Lien Servs., LLC v. Kimex Boat Rock 1183, LLC.

In Marler, we found that, although the appellant-garnishee filed its motion for relief within the 60-day period, it did not tender the accrued costs until 80 days after receiving actual notice, and therefore, the trial court correctly denied the garnishee's motion to modify the default judgment.

Summary of this case from Maley v. Vancronkite
Case details for

Marler Oil Company v. Citizens Southern Bank

Case Details

Full title:MARLER OIL COMPANY v. CITIZENS SOUTHERN BANK OF MILLEDGEVILLE

Court:Court of Appeals of Georgia

Date published: Jan 7, 1980

Citations

265 S.E.2d 58 (Ga. Ct. App. 1980)
265 S.E.2d 58

Citing Cases

Principal Lien Servs., LLC v. Kimex Boat Rock 1183, LLC.

In support of its ruling, this Court cited two cases. In Marler Oil Co. v. Citizens & Southern Bank , 153 Ga.…

Maley v. Vancronkite

Specialty Atlanta contends that only the motion to modify must be made within the 60 days, while the payment…