Daniell v. Heyn

Carley, Judge.

On November 10, 1982, appellee-plaintiff filed a complaint against appellant and another defendant. Appellant’s co-defendant filed a timely answer. However, appellant did not. On December 29, 1982, appellee obtained a default judgment against appellant. The order granting default judgment did not contain “an express determination that there is no just reason for delay and... an express direction for entry of judgment.” OCGA § 9-11-54 (b) (Code Ann. § 81A-154). Subsequently, appellant filed a “motion to vacate judgment,” which was later amended to seek the opening of the default…