Power v. Mobley

Banke, Presiding Judge.

The appellant filed this appeal from the denial of his motion to set aside a default judgment which had been entered in favor of the appellee in an action to recover damages for fraud. This is the second appearance of the case before this court. The trial judge initially denied the motion to set aside based on the principle of laches. We reversed, in Power v. Mobley, 170 Ga. App. 167 (316 SE2d 580) (1984), but held therein that the court would have been authorized to deny the motion on its merits. On remand, the trial court did so. In the *638present appeal, the appellant…