Clements v. United Equity Corporation

Hall, Presiding Judge.

Plaintiff appeals from an order opening a default and allowing the defendant to file defensive pleadings. The court certified the order for immediate review.

Under Code Ann. § 81A-155 (b), 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 meritorious defense instanter' and to announce ready for trial) the court has wide…