Butler v. Home Furnishing Co.

Carley, Judge.

Appellant-plaintiff brings this appeal from an order of the trial court granting appellee-defendant’s motion to dismiss appellant’s complaint seeking damages as a result of appellee’s alleged wrongful repossession, trespass and conversion. The underlying basis of the action is an earlier proceeding instituted by appellee against appellant pursuant to Code Ann. § 67-701. Because of appellant’s failure to answer or appear in the previous case, default judgment awarding a writ of possession was issued with respect to certain furniture described therein. Appellee contends that the…