Houston v. Lowes of Savannah, Inc.

How does a defendant open a default? Consider the defendant, Lowes of Savannah, Inc., who waited 88 days after service before offering to file defensive pleadings, and whose delay in filing was not for providential cause, and whose neglect was inexcusable.

According to the majority opinion in this case, it is as easy as falling off a slippery log. It is simple! It is easy! No problems! All that is required of the defaulting defendant is that he tell the judge of the court that his agent was deceived by the deputy who served copy of summons and *786complaint upon him, that the deputy sheriff told…