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Sondi Moore-Waters et al.v.Met-Test, LLC

CourtCourt of Appeals of Georgia
Docket No.A15A1769
DecidedFebruary 23, 2016
JudgesFourth Division; Judge Ray and Judges McMillian and Mercier; Ray authored
Tags
CivilCivil ProcedureBusiness LawStatutory InterpretationReversal
Case Summary

A physician, her husband, and their medical practice challenged a default judgment entered after Met-Test added them as defendants in an amended complaint. The trial court had not ordered the newly added defendants to answer, but entered default judgment when they did not do so. Applying Georgia precedent, the Court of Appeals held that a newly added defendant need not answer an amended complaint unless the trial court orders an answer; without an answer obligation, the appellants were not in default and the judgment was void. The court acknowledged Met-Test’s argument that the new defendants should have been required to answer, but declined to overrule precedent sua sponte. It reversed the full default judgment, including the $14,900 damages award and $4,316.50 in attorney fees.

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Sondi Moore-Waters et al. v. Met-Test, LLC — The Atlanta Gleaner