BROADAWAY v. THOMPSON

47305.

127 Ga. App. 600 (1972)

194 S.E.2d 342

BROADAWAY v. THOMPSON.

Court of Appeals of Georgia.

Decided November 1, 1972.

Rehearing Denied November 21, 1972.


Attorney(s) appearing for the Case

Eugene C. Black, John L. Tracy, for appellant.

Smith, Gardner, Wiggins, Geer & Brimberry, Jerry W. Brimberry, for appellee.


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...

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