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Brazell v. J. K. Boatwright & Co. PC

The trial court properly denied the defendants' motion to open default because they did not demonstrate compliance with the four conditions precedent set forth in O.C.G.A. § 9-11-55 subsection b.

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Joseph Brazell and Joanne Brazell appeal from the order of the trial court entering a default judgment in favor of J. K. Boatwright and Company, P.C. “Boatwright” and awarding damages of $20,265 in principal and $15,793.88 in interest to Boatwright. On appeal, the Brazells contend that the trial court abused its discretion in granting Boatwright’s motion for default judgment and in denying their motion to open the default. Upon our review, we affirm.

Under OCGA § 9-11-55 b, a prejudgment default may be opened on one of three grounds if four conditions are met. The three grounds are: 1 providential cause, 2 excusable neglect, and 3 proper case; the four conditions are: 1 showing made under oath, 2 offer to plead instanter, 3 announcement of ready to proceed with trial, and 4 setting up a meritorious defense. The question of whether to open a default on one of the three grounds noted above rests within the discretion of the trial judge. The sole function of an appellate court reviewing a trial court’s denial of a motion to open default is to determine whether all the conditions set forth in OCGA § 9-11-55 have been met and, if so, whether the trial court abused its discretion based on the facts peculiar to each case.

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