Lemcon USA Corp. v. Icon TechnologyAnnotate this Case
Icon Technology Consulting, Inc. (“Icon”) filed suit seeking to enforce a default judgment it obtained from a Missouri court against Lemcon USA Corp. (“Lemcon”). A Georgia trial court rejected Lemcon’s attempt to set aside the default judgment, and the Georgia Court of Appeals dismissed Lemcon’s appeal on the ground that Lemcon: (1) could not invoke the Georgia trial court’s inherent power to set aside a judgment within the same term of court in which it was entered; and (2) had failed to file an application for discretionary appeal as was necessary to seek review of the trial court’s order to the extent it was based on OCGA 9-11-60 (d). The Georgia Supreme Court granted certiorari to consider whether the inherent power of a Georgia court to set aside a judgment within the same term of court in which it was entered extended to a foreign judgment domesticated under OCGA 9-12- 130 et seq. The Court concluded this inherent power did not extend to domesticated foreign judgments.