Summary
In McNally v. Stonehenge, Inc., 242 Ga. 258 (248 S.E.2d 653) (1978) the court held that where the defendant's attorney withdrew from the case, even though voluntarily, and even though he was at the time aware that a trial date had been set and failed to notify his client, notice to the attorney was notice to the client and this lack of actual notice being the cause of a default judgment, no cause for a new trial appeared.
Summary of this case from Sterling Motor Freight Company, Inc. v. WendtOpinion
33987.
SUBMITTED SEPTEMBER 1, 1978.
DECIDED SEPTEMBER 27, 1978.
Complaint in equity to set aside judgment. Chatham Superior Court. Before Judge Cheatham.
Macey Zusmann, Steven Schaikewitz, George S. Stern, for appellant.
Henning, Chambers Mabry, Ronald Arthur Lowry, for appellee.
McNally filed a complaint in equity against Stonehenge, Inc., attempting to set aside a default judgment on the ground that he had not received notice of the trial date. The trial court granted summary judgment for Stonehenge and dismissed the complaint.
The trial court found that "McNally's attorney of record at the time the trial date was set was aware of the date." McNally contends that although notice of the trial date was given to his attorney of record and also was published in the county's official organ, the judgment should be set aside because he himself had not received actual notice of the date. He contends that his former attorneys of record gave him no notice of the trial date before they withdrew from the case.
When the original counsel of record for McNally received notice of the trial date, McNally was on notice as to the date in accordance with Code Ann. § 81A-140 (c), despite the fact that original counsel might not actually have told McNally before withdrawing from representation. Tallman Pools of Ga. v. Napier, 137 Ga. App. 500, 503 ( 224 S.E.2d 426) (1976). Furthermore, the proper publication of the court calendar in the official organ of the county afforded McNally sufficient notice of the trial date. Gregson v. Webb, 143 Ga. App. 577 ( 239 S.E.2d 230) (1977).
Judgment affirmed. All the Justices concur.