Smith v. Wood

Benham, Judge.

Appellant, the owner and operator of a personal care home in Atlanta, Fulton County, Georgia, was sued by appellee, a former resident, for breach of contract, negligence, and violation of the Fair Business Practices Act (OCGA § 10-1-390 et seq.). The complaint, filed in the Superior Court of Fulton County, was served on appellant’s adult son at the personal care home. Appellant failed to file a timely answer and a default judgment was entered against her. She then moved to set aside the judgment, claiming that she had not been served with process in accordance with OCGA § 9-11-4…