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Keogh v. Bryson

The trial court erred in dismissing the defendant's defensive pleadings for failure to appear because he did not receive notice of the proceedings.

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Dulsie Bryson, as administratrix of the estate of Richard Gingrich, sued Declan F. Keogh to set aside an allegedly fraudulent conveyance. The Superior Court of DeKalb County granted Bryson’s motion for summary judgment, and Keogh appeals this ruling. For reasons that follow, we reverse.

Before addressing the merits of the summary judgment action, we must address procedural issues, which preceded the trial court’s summary judgment order. The record shows that Bryson filed suit in March 2007, and Keogh filed a timely answer. Keogh’s first attorney withdrew from the case in December 2007, and shortly thereafter James Penland filed an entry of appearance. Discovery was reopened in June 2009 with Penland as counsel of record.

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