Legal Opinion
Colonial Penn Life Insurance v. Market Planners Insurance Agency, Inc.
Court of Appeals of Georgia
Decided July 16, 1993No. A93A0015PublishedCited by 11 opinions
1Opinion of the Court
Smith, Judge.
Colonial Penn Life Insurance Company (Colonial Penn) brought suit against Market Planners Insurance Agency, Inc. and Jimmy Whited in the State Court of Fulton County. No timely answer was filed. When the defendants did file an answer, they simultaneously moved to open the pre-judgment default. The reason given for the failure to file an answer was their mistaken belief that the complaint in this case was precisely the same as a substantively identical com*563plaint filed by plaintiff in federal court in Texas.
Applying OCGA § 9-11-55 (b), the trial court found a proper case had been…
2Cases cited6 opinions
- Houston v. Lowes of Savannah, Inc.Supreme Court of Georgia · 1975
- Brucker v. O'ConnorSupreme Court of Georgia · 1902
- Axelroad v. PrestonSupreme Court of Georgia · 1974
- Sanders v. AMERICAN LIBERTY INSURANCE COMPANYSupreme Court of Georgia · 1969
- Copeland v. CarterSupreme Court of Georgia · 1981
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Albee v. KrasnoffCourt of Appeals of Georgia · 2002
- Crawford v. DammannCourt of Appeals of Georgia · 2006
- Ford v. Saint Francis Hospital, Inc.Court of Appeals of Georgia · 1997
- Nelson v. Board of Regents of the University System of GeorgiaCourt of Appeals of Georgia · 2010
- Legacy Hills Residential Ass'n v. Colonial BankCourt of Appeals of Georgia · 2002
6 more not listed; retrieve them via the Exa API.