Steele v. Bank of Dalton

On Motion for Rehearing.

Appellant argues that the court’s reliance on Spencer v. Taylor, *226144 Ga. App. 641 (3) (242 SE2d 308) (1978), is misplaced in light of the 1978 amendment to OCGA § 44-14-233 (Code Ann. § 67-704) providing that a defendant may reopen default as a matter of right within seven days of the original default. Appellant contends that the judgment entered by the trial court within this seven-day period is void. We do not agree.

The judgment was entered prematurely; the trial court should have waited until after the seven-day period following the original default on August 4…