Dan Morris served Northpoint Group Holdings, LLC and Point Satellite, LLC the “defaulting defendants”, among others, with his complaint for breach of contract, injunctive relief, and attorneys’ fees. The defaulting defendants failed to file timely answers and then moved to open default after the expiration of the 15-day statutory grace period1 but before the entry of final judgment. The trial court denied the motion to open default and entered judgment in favor of Morris. On appeal, the defaulting defendants claim that the trial court erred i in concluding that this was not a proper case to open default and ii in awarding damages to Morris, notwithstanding the default. Finding that the trial court properly declined to open the default in light of the defaulting defendants’ failure to provide a reasonable explanation for their failure to file a timely answer, and that the trial court correctly awarded liquidated damages, we affirm. 1. “On appellate review of a trial court’s order granting or denying a motion to open default, we must 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.” Citation and punctuation omitted. Ga. Kidney & Hypertension Specialists v. Fresenius USA Marketing , 291 Ga. App. 429, 431 2 662 SE2d 245 2008 considering appellant’s claim that trial court erred in denying its motion to open default. The evidence showed that Morris sued seven defendants, including six corporations or limited liability companies which were affiliated by reason of common or shared ownership, and an individual, Bob Alvarez. Morris claimed that the defendants, including the defaulting defendants, refused to pay him his share of a real estate commission arising out of the sale of a condominium development.
The defendants other than the defaulting defendants were served on April 15 or April 16, 2008 and answered on May 15, 2008. Robert F. Goodman, Jr., the registered agent for the defaulting defendants, was served with the summons and complaint on April 28, 2008. The following day, Larry Milder, a manager for Point Satellite, received correspondence from a paralegal with Goodman’s office stating that she was enclosing two original counterparts of the summons and referencing the named defendants in the action, including the defaulting defendants. Ron Onorato, a manager member of both defaulting defendants, also acknowledged receipt of the letter.
