Legal Opinion

La Mara X, Inc. v. Baden

Court of Appeals of Georgia

Decided March 9, 2017No. A16A1665PublishedCited by 1 opinion

1Opinion of the Court

Branch, Judge.

La Mara X, Inc., appeals the denial of its motion to open default. For the reasons shown below, we reverse.

“The sole function of an appellate court reviewing a trial court’s denial of a motion to open default is to determine whether all the conditions set forth in OCGA § 9-11-55[ 1 ] have been met and, if so, whether the trial court abused its discretion based on the facts peculiar to each case.” K-Mart Corp. v. Hackett, 237 Ga. App. 127, 128 (1) (514 SE2d 884) (1999) (citations and punctuation omitted).

The record shows that on August 19, 2015, Karl Douglas Baden allegedly fell…

Also in this document: Concurrence.

2Cases cited19 opinions

  1. Block v. Voyager Life InsuranceSupreme Court of Georgia · 1983
  2. Karan, Inc. v. Auto-Owners InsuranceSupreme Court of Georgia · 2006
  3. Franklyn Gesner Fine Paintings, Inc. v. KetchamSupreme Court of Georgia · 1984
  4. Exxon Corp. v. ThomasonSupreme Court of Georgia · 1998
  5. Foskey v. Vidalia City SchoolCourt of Appeals of Georgia · 2002

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3Cited by1 opinion

  1. TERRANCE KYLE ALEXANDER v. KHORI FRANCISCourt of Appeals of Georgia · 2023

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