ABA 241 Peachtree, LLC v. Brooken & McGlothen, LLC

Bernes, Judge.

Appellant ABA 241 Peachtree, LLC sued appellees Eric McGlothen and Brooken & McGlothen, LLC (“B&M”) to recover past due rent arising from an alleged breach of a commercial lease agreement. McGlothen filed his answer to the complaint one day late, automatically placing the case in default. After the time period in which McGlothen could have opened the default as a matter of right elapsed, Peachtree moved for a default judgment. In a series of orders, the trial court denied Peachtree’s motion for default judgment, allowed McGlothen to open the default and to withdraw certain…