Youmans v. Riley Properties., 180 Ga. App. 176, 349 S.E.2d 1 (1986)

Georgia Court Of Appeals

Status: DECIDED

Docket Number: 72843

Parts: BANKE, Chief Judge.

Linked as:

Summary

Judgment affirmed. Birdsong, P. J., and Sognier, J., concur.

Summary

Judgment affirmed. Birdsong, P. J., and Sognier, J., concur.

Text

Casper S. Whitner, for appellee.Michael R. Hauptman, for appellant.

This appeal is by the defendant in a dispossessory action from the denial of his motion for new trial: The sole enumeration of error is that the trial court was required to grant the motion because the named plaintiff did not purport to be a legal entity. Held:

The effect of this procedural rule is to ensure that the plaintiff will have an opportunity to correct the misnomer by amendment. See generally OCGA 9-11-15 (c); 9-11-17 (a). The former rule that all proceedings are a nullity if the plaintiff named in the original complaint is not a legal entity no longer obtains. See Block v. Voyager Life Ins. Co., 251 Ga. 162 (1) (303 SE2d 742) (1983). Moreover, "'[o]bjections which go to the judgment only, and do not extend to the verdict, cannot properly be made grounds of a motion for new trial.'" Smith v. Wood, 189 Ga. 695 (2) (7 SE2d 255) (1940).