Appealing Denial of a Motion to Set Aside In Georgia

In Stone v. Dawkins, 192 Ga. App. 126, 127 (384 S.E.2d 225) (1989), the Court held that the denial of a motion to set aside "is never appealable in its own right; nor does the filing of such a motion extend the time for filing an appeal." 192 Ga. App. at 127.

As the Court explained then, a discretionary motion to set aside "is simply a request for the trial court to reconsider its decision, and we reiterate that the denial of such a motion is not an appealable judgment." Id.

In so holding, the Court overruled a previous contrary position taken by this Court in Allstate Ins. Co. v. Clark, 186 Ga. App. 58, 59 (366 S.E.2d 394) (1988), because "that holding was mistaken" and based upon law that was "not apposite." Stone, 192 Ga. App. at 127.