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Summers v. Wasdin

Because the plaintiff filed the proof of service more than five business days after the service date, the time for the defendants to answer did not begin to run until the plaintiff filed the proof of service with the court; their answer was, therefore, timely and the trial court properly denied the plaintiff's motion to enter a default judgment.

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In these related appeals, we granted interlocutory review of two orders arising from the plaintiff’s contention that the defendants were in default. As detailed below, the trial court correctly held that the defendants timely filed their answer. Accordingly, they were not in default. We therefore vacate the trial court’s order permitting the defendants to open default in Case No. A16A0122, and we affirm the trial court’s order denying the plaintiff’s motion for entry of default judgment in Case No. A16A0277.

1. Facts and procedural history.

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