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CARDENAS v. LIMON

No. A01A1376.

552 S.E.2d 884 (2001)

250 Ga. App. 694

CARDENAS v. LIMON.

Court of Appeals of Georgia.

July 20, 2001.

Attorney(s) appearing for the Case

C. Troy Crouse, Rome, for appellant.

Jeffrey S. Denny, Cedartown, for appellee.

PHIPPS, Judge.

The question in this case is whether the superior court has jurisdiction to hear a direct appeal from a magistrate court's denial of a motion to set aside a default judgment. The answer lies in the plain language of OCGA § 15-10-41(b)(2) prohibiting such appeals.

David Limon sued Leopoldo Cardenas in Polk County Magistrate Court. The magistrate entered a default judgment against Cardenas after he failed to appear for the hearing. Cardenas...

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