Muscogee Realty Development Corp. v. Jefferson Co.

Marshall, Presiding Justice.

This case, Muscogee Realty &c. Corp. v. Jefferson Co., 168 Ga. App. 673 (310 SE2d 245) (1983), is here on certiorari. The question for decision is whether the trial judge abused his discretion in refusing to allow two of three co-defendants to open a default created by the fact that their answers to the plaintiffs complaint were filed 31 days, rather than 30 days, after service of the complaint. See OCGA §§ 9-11-12(a) and 9-11-55(b) (Code Ann. §§ 81A-112 and 81A-155). The Court of Appeals held that the trial judge did not abuse his discretion in striking these…