Cambron v. Canal Ins. Co

In Cambron v. Canal Ins. Co., 246 Ga. 147, 148 (1) (269 SE2d 426) (1980), the trial court granted appellant's motion to set aside based on its clerical mistake in failing to notify appellant of its decision denying his motion for new trial. Id. at 147 (1). The appellant introduced an affidavit from the trial judge in which the trial judge stated that he provided his decision to his secretary with instructions for her to mail copies of the order to counsel and to file the order with the clerk. Id. at 147-148 (1). The record showed, however, that neither party was notified of the trial judge's order. Id. at 148 (1). Thus, our Supreme Court held that "upon the trial court's finding that notice was not provided as required by OCGA 15-6-21 (c), the motion to set aside may be granted, the judgment re-entered, and the thirty-day period within which the losing party must appeal will begin to run from the date of the re-entry." Id. at 148-149 (1).