Houston v. Lowes of Savannah, Inc.

Hill, Justice.

The Court of Appeals has certified two questions, as follows:(1) Does Code Ann. § 81A-155 (b) 1 provide two grounds (providential cause and excusable neglect) or three grounds (providential cause, excusable neglect, and where the judge from all the facts determines that a proper case has been made) for opening default?(2) If the answer to question number 1 above is three grounds, did the record in the above-styled case authorize the exercise of a legal discretion by the trial judge?

Code Ann. § 81A-155 (b) is identical to the 1946 amendment (Ga. L. 1946, pp. 761, 778) to Code…