Hiner Transport, Inc. v. Jeter

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• rejecting claim that movant seeking to set aside judgment had waived argument under OCGA § 9-11-60 (d) (3
• construing motion as motion to set aside under OCGA § 9-11-60 (d) (3) based on argument raised therein, although motion did not cite to that statute or use the specific term “nonamendable defect”
• “Absent an order to respond, an amended complaint adding a new party defendant does not require a responsive pleading.”
• Trial court’s award of default judgment based on defendant’s failure to file an answer in response to amended complaint was in error, and should have been set aside
• In cases involving a default judgment, a nonamendable defect arises “[wjhere . . . the record shows on its face that the default was entered on an improper basis.”

Source: CourtListener parenthetical corpus (CC0).