Legal Opinion

Bellsouth Telecommunications, Inc. v. Future Communications, Inc.

Court of Appeals of Georgia

Decided July 17, 2008No. A08A1585PublishedCited by 13 opinions

1Opinion of the Court

Ellington, Judge.

Following a granted interlocutory appeal, BellSouth Telecommunications, Inc. (“BellSouth”), appeals from the order of the State Court of Cobb County which granted Future Communications, Inc.’s (“Future’s”), motion to open the default. BellSouth contends the trial court abused its discretion under OCGA § 9-11-55 (b) because the evidence adduced was insufficient to support a finding of providential cause, excusable neglect, or a proper case necessary to open the default. We agree and reverse.

The record reveals that BellSouth filed a claim for damages against Future based on two…

2Cases cited14 opinions

  1. Axelroad v. PrestonSupreme Court of Georgia · 1974
  2. Matter of TurkSupreme Court of Georgia · 1996
  3. Rogers v. Coronet InsuranceCourt of Appeals of Georgia · 1992
  4. Majestic Homes, Inc. v. SIERRA DEVELOPMENT CORP.Court of Appeals of Georgia · 1993
  5. Pinehurst Baptist Church, Inc. v. MurrayCourt of Appeals of Georgia · 1994

9 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. BOWEN v. SAVOYSupreme Court of Georgia · 2020
  2. Nelson v. Board of Regents of the University System of GeorgiaCourt of Appeals of Georgia · 2010
  3. James Darren Summerville v. Innovative Images, LLCCourt of Appeals of Georgia · 2019
  4. Strader v. Palladian Enterprises, LLCCourt of Appeals of Georgia · 2011
  5. NORTHPOINT GROUP HOLDINGS, LLC v. MorrisCourt of Appeals of Georgia · 2009

8 more not listed; retrieve them via the Exa API.

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