Legal Opinion
Ellis v. Five Star Dodge, Inc.
Court of Appeals of Georgia
Decided February 22, 2000No. A00A0348PublishedCited by 6 opinions
1Opinion of the Court
Eldridge, Judge.
In this contract action, plaintiffs Davis and Sheila Ellis appeal from the grant of summary judgment in favor of defendant Five Star Dodge, Inc. Finding that the trial court abused its discretion in opening the default of the defendant, we reverse the grant of summary judgment and remand for entry of default judgment and the determination of damages.
1. In their first enumeration of error, the plaintiffs assert that the trial court abused its discretion in granting the defendant’s motion to open default because the defendant failed to establish excusable neglect.
Under OCGA §…
2Cases cited5 opinions
- K-Mart Corp. v. HackettCourt of Appeals of Georgia · 1999
- C. W. Matthews Contracting Co. v. WalkerCourt of Appeals of Georgia · 1990
- First Union National Bank v. FloydCourt of Appeals of Georgia · 1990
- Follmer v. PerryCourt of Appeals of Georgia · 1997
- Truck & Trailer Sales Corp. v. East Coast Transportation Co.Court of Appeals of Georgia · 1977
3Cited by6 opinions
- Johnson v. American National Red CrossCourt of Appeals of Georgia · 2002
- Wright v. MannCourt of Appeals of Georgia · 2005
- Associated Doctors of Warner Robins, Inc. v. U.S. FoodService of Atlanta, Inc.Court of Appeals of Georgia · 2001
- Flournoy v. Wells Fargo Bank, N.A.Court of Appeals of Georgia · 2008
- State of Georgia v. Sherry HatcherCourt of Appeals of Georgia · 2021
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