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Phillips v. Phillips

The appellant failed to show error in his appeal from the denial of his O.C.G.A. § 9-11-60 subsection g motions to vacate certain orders for lack of notice, as the trial court's own records showed that he had received notice.

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Royal Phillips filed this appeal from an order denying his OCGA § 9-11-60 g motions to vacate certain orders for lack of notice. In his appellate brief, he enumerated as error the denial of the motions to vacate as well as entry of a final judgment awarding damages and attorney fees against him. Pretermitting whether he has abandoned his enumeration challenging the denial of the motions to vacate, Phillips has not shown trial court error. And we lack jurisdiction to consider his other enumerations of error. We therefore affirm.

The plaintiffs, Phillips’s adult grandchildren, filed this action to recover funds in accounts Phillips had established on their behalf. Because of his failure to provide discovery, the trial court struck Phillips’s answer and entered default. The court conducted a trial on damages and entered a judgment against Phillips, awarding the plaintiffs monetary damages and attorney fees.1 Phillips, proceeding pro se, filed a document that the trial court considered to be a motion to vacate the judgment. He then hired counsel, who filed a motion for new trial on his behalf. The trial court denied the motions in separate orders. According to Phillips, he did not receive either order and did not learn of them until after the period for filing a notice of appeal had expired. So Phillips filed motions to vacate the orders under OCGA § 9-11-60 g, seeking their re-entry to re-start the time for appeal.

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