Background
Christi and William Payne brought a tort action against Lewis Brothers Bakeries, Inc. of Tennessee and Lewis Brothers Bakeries, Inc. The trial court, after an evidentiary hearing, entered a final default judgment against the bakeries for $5.8 million plus post-judgment interest.
Lewis Brothers moved to set aside the default judgment and sought a new trial on damages. After the trial court denied relief, Lewis Brothers filed an application for discretionary appeal rather than proceeding directly by notice of appeal.
The Court’s Holding
The Court of Appeals held that the final default judgment following the damages hearing was directly appealable. Lewis Brothers could have appealed that judgment within 30 days.
Its motion for new trial was a proper means to challenge the damages award and extended the deadline to appeal until 30 days after the trial court ruled on that motion. The denial of the new-trial motion was therefore directly appealable, including as to other rulings that could be reviewed with that appeal.
Key Takeaways
- A final default judgment entered after a damages hearing is directly appealable.
- A motion for new trial may properly challenge damages awarded following a default judgment.
- Because the matter was subject to direct appeal, the court granted the discretionary application under OCGA § 5-6-35(j) and allowed Lewis Brothers 10 days to file a notice of appeal if it had not already done so.
Why It Matters
The order confirms that a party challenging a default-judgment damages award may preserve a direct appeal through a timely motion for new trial. It also underscores that a discretionary application is granted when the order challenged was directly appealable.