Avery v. Warrick

Benham, Judge.

Appellants/landlords filed a dispossessory action against appellee/tenant on November 28, 1983. A writ of possession issued on December 7, 1983, after appellee had failed to answer within the statutorily prescribed time. See OCGA § 44-7-51. Appellee subsequently answered and moved to have the writ of possession set aside. The trial court set aside the default judgment and the writ of possession, and the case proceeded to trial where the jury returned a verdict for appellee. Appellants now raise as error the denial of their motions for partial directed verdict and judgment…