Morgan v. Berry

Shulman, Judge.

Plaintiff brought suit against defendant in tort. Although defendant did not file an answer to plaintiffs complaint, defendant filed a motion to dismiss the complaint, asserting that it failed to properly allege venue. Defendant’s motion was denied by the trial court, which entered default judgment against defendant. It is from that judgment that defendant sought relief in the form of a motion to set aside, under Code Ann. § 81A-160 (d), made within 30 days of the entry of the default (see Code Ann. § 81A-160 (c)). We reverse the trial court’s judgment refusing to set aside the…