DENEITRA HAM et alv.TITUS DUNCAN et al
CourtCourt of Appeals of Georgia
Docket No.A26A1003
DecidedSeptember 3, 2026
JudgesMcFadden, P. J., Watkins, and Padgett, JJ.
Tags
Civil ProcedureNoticeDefault JudgmentMotion to Set AsideTrial Rights
Case Summary
Titus Duncan and Earl Coleman sued tenants Deneitra and Darvin Ham for unpaid rent. After the Hams’ lawyers withdrew, the court sent the trial notice to an old address and an email address containing a typo; the Hams did not learn the date of the bench trial and missed it. They asked to set aside the resulting judgment, but the trial court refused. The Court of Appeals held that a judgment entered after trial without notice of the trial date is subject to a motion to set aside, and reversed that denial. It did not reach the Hams’ other arguments, including the effect of their still-pending summary-judgment motion.
Opinion
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