Howell Enterprises, Inc. v. Ray

I respectfully dissent. The evidence is not in dispute. The party seeking to open default has made out a case of excusable neglect as defined by our case law, Cobb County Fair Assn. v. Boyle, 143 Ga. App. 754, 756 (240 SE2d 136) (1977). I think the trial court abused its discretion in failing to open default. Opening default in the instant case would allow “the case to be decided on its merits — which is what our system of justice is all about.” Houston v. Lowes of Savannah, 136 Ga. App. 781, 783, 785 (222 SE2d 209) (1975).

Appellant showed promptness and good faith in handling this matter and…