Piggly Wiggly Southern, Inc. v. McCook

Birdsong, Presiding Judge.

This discretionary appeal was granted to consider the contention of Piggly Wiggly Southern, Inc. d/b/a Piggly Wiggly of Fitzgerald and Bruno’s, Inc. (collectively “Piggly Wiggly”) that the trial court erred by refusing to set aside a default judgment in favor of Annie Lou McCook, individually and as administratrix of the estate of her husband, John McCook. Piggly Wiggly contends the trial court erred by failing to exercise its inherent discretion to set aside a default judgment entered within the same term of court.

After Mr. McCook died, Mrs. McCook filed a wrongful…