Mathis v. River City Bank

Miller, Judge.

Christopher W. Mathis and Paula K. Mathis (the ‘Mathises”) filed an untimely answer and counterclaim to a foreclosure on personalty action pursued by River City Bank (the “Bank”). The Bank moved to dismiss the Mathises’ answer and counterclaim, arguing that it was untimely filed under OCGA § 44-14-267. The trial court granted the Bank’s motion to dismiss. The Mathises appeal from that order, contending that the trial court erred in not applying OCGA § 9-11-55 (a), which permits the opening of a default as a matter of right, in this case. For the reasons that follow, we affirm.

Thi…