La Mara X, Inc. D/B/A El Rodeo Restaurant #3, Inc.v.Catherine Baden
Catherine Baden obtained a default judgment against La Mara X, the operator of a restaurant, after La Mara failed to answer her complaint. La Mara moved to open the default, arguing that it had not been properly served and had a reasonable excuse for the failure to answer. The trial court denied the motion. The Court of Appeals reversed. It held that an entry of default judgment on liability alone was not a final judgment for purposes of Georgia’s default-opening statute and that La Mara had correctly sought to open the default without first moving to set aside a final judgment. The record also showed that service and the circumstances surrounding the failure to answer required the trial court to apply the statutory factors rather than rely on conclusory findings. The denial of the motion was reversed. One judge concurred, and the presiding judge concurred in the judgment only.
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