Burnett v. Pace

Shulman, Judge.

In a dispossessory warrant proceeding, defendant-tenant defaulted by failing to answer within the time specified in the warrant. Although defendant successfully opened the default by making an answer in compliance with Code Ann. § 61-303, the trial court entered a default judgment against defendant. It is from this judgment that defendant appeals. We reverse.

1. Appellant contends that the trial court improperly construed this case as one in default and then erroneously entered a money judgment against him. We agree.

Code Ann. § 61-303, in conjunction with Code Ann. § 61-302 (b),…