Edelschick v. Blanchard

1. The majority has concluded that defendants were not in default because their “motion for special appearance to contest jurisdiction” included a general denial. I do not agree.

In order to represent a general denial, the pleader must in good faith intend to controvert all averments of the complaint. OCGA § 9-*41410-8 (b). Upon an examination of the defendants’ motion, the only language which could conceivably support such a claim is as follows: “The Defendant’s [sic] have not breached any contract nor committed any tort within the State of Georgia.” This language is directed only to the…