Legal Opinion
Gilliam v. Love
Court of Appeals of Georgia
Decided October 3, 2005No. A05A1708PublishedCited by 7 opinions
1Opinion of the Court
BLACKBURN, Presiding Judge.
Following an order opening default, James E. Gilliam appeals, contending that the trial court abused its discretion in permitting the default to be opened. Finding no error, we affirm.
Under OCGA § 9-11-55 (b), a prejudgment default may be opened on one of three grounds if four conditions are met. The three grounds are: (1) providential cause, (2) excusable neglect, and (3) proper case; the four conditions are: (1) showing made under oath, (2) offer to plead instanter, (3) announcement of ready to proceed with trial, and (4) setting up a meritorious defense. The…
2Cases cited3 opinions
- K-Mart Corp. v. HackettCourt of Appeals of Georgia · 1999
- Rogers v. Coronet InsuranceCourt of Appeals of Georgia · 1992
- Collier v. CawthonCourt of Appeals of Georgia · 2002
3Cited by7 opinions
- Patterson v. Bristol Timber Co.Court of Appeals of Georgia · 2007
- Nelson v. Board of Regents of the University System of GeorgiaCourt of Appeals of Georgia · 2010
- Georgia Kidney & Hypertension Specialists, Inc. v. Fresenius USA Marketing, Inc.Court of Appeals of Georgia · 2008
- ABA 241 Peachtree, LLC v. Brooken & McGlothen, LLCCourt of Appeals of Georgia · 2010
- Flournoy v. Wells Fargo Bank, N.A.Court of Appeals of Georgia · 2008
2 more not listed; retrieve them via the Exa API.