Law Commons^™

Unraveling Waiver By Default, C. Ronald Ellington

Scholarly Works

Does a default judgment for nonappearance cut off a defendant's right to move later under section 60 of the Civil Practice Act to set aside the judgment because of a defect in service, lack of venue, or lack of personal jurisdiction? In recent years the Georgia Court of Appeals has repeatedly answered this most perplexing question by holding that a defendant who defaults waives his objectinos to venue and lack of personal jurisdiction. Defects in service, however, are not waived, even when the defendant receives actual notice of the lawsuit. The court of appeals' appraoch is highly questionable, perhaps even …