Every law school student learns to memorize the phrase regarding final orders that the order is a final order when all that is left to be done is entering it with the clerk of court. Well, I don't know about you, but even though I still know that rule, it didn't make any sense to me in law school.
WELL . . . here is the simple answer good fellows and lady-fellows.
An order is not an order, and is not enforceable until a written order is signed by a judge, and filed/scanned/datestamped (or whatever exact procedure the clerk in that county uses) to make it a part of the official record of the county clerk of court.
Need to see the letter of the law?
Perhaps stick a finger in the side Sir Thomas?
Here is the link: OCGA 9-11-58. Read it for urself.
And then read this . . .
Lotman v. Adamson Contracting, Inc., 219 Ga. App. 898 (1996).
After a Defendant was granted a summary judgment because the Plainitff did not show up, the Plainitff voluntarily dismissed the case before the Defendant had a signed order entered. the court did not have jurisdiction to even enter a nunc pro tunc order back to the time when the verbal order was pronounced.
HOWEVER . . . If you were closely following this blog (ha ha haaa! I laugh to myself out loudly) and saw where I said that if you beat the Defendant to the clerk, you would win . . . this is not true.
gotcha!
Think ya got reason enough as a Defendant to file a counterclaim in your Answer next time?
PS..... Skip is still looking for a corporate sponsor to ensure regular posts go up. Help feed the hungry, and give drink to the thirsty today. Donate often and liberally.
