Broadaway v. Thompson

Stolz, Judge.

The plaintiff appeals from orders entered on April 21, 1972, opening a default prior to final judgment and allowing the defendant to file defensive pleadings. The court certified the orders for immediate review.

Under Code Ann. § 81A-155 (b) (Ga. L. 1966, pp. 609, 659, as amended), any time before final judgment the court in its discretion may open a default "where the judge, from all the facts, shall determine that a proper case has been made for the default to be opened.” Where, as here, the defendant has complied with all the conditions (payment of costs, offer to plead a…