Georgia Court Of Appeals, (July 17, 1996)
Docket number: A96A1967
DECIDED
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Appeal dismissed. Johnson and Ruffin, JJ., concur.
Handy Storage, pro se.Tony L. Ware, pro se.
Plaintiff Tony L. Ware, proceeding pro se, brought this action for damages against defendant Handy Storage, alleging that he had contracted to lease a portion of defendant's warehouse for storage but that defendant "willfully converted plaintiff['s] personal property," allegedly worth $14,000,000, by deliberately removing the contents of plaintiff's leased space. Service of process was made upon the Georgia Secretary of State and, after defendant failed to answer, plaintiff moved for a default judgment. The trial court determined that the damages sought by plaintiff were unliquidated damages and denied plaintiff's motion for judgment by default. This direct appeal followed. Held:Plaintiff's notice of appeal recites that it is an appeal "from a Default Judgment entered and filed. . . ." This is incorrect, since plaintiff's motion was expressly denied by the trial court. The Georgia Civil Practice Act, at OCGA