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Daniels v. Burson

The trial court abused its discretion in setting aside the judgment for defendant following a bench trial where the plaintiffs received actual notice of the trial date and their counsel appeared on their behalf and tried the case in their absence.

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Jacqueline E. Daniels appeals the decision of the trial court setting aside the order and judgment in her favor and granting a new trial to appellees Juan and Taunya Burson the “Bursons”, arguing that the trial court erred in: 1 setting aside the judgment when actual notice of trial was received; 2 setting aside the judgment when the Bursons failed to exercise due diligence; and, 3 granting a new trial when there was no evidence to justify the grant of a new trial. For the reasons set forth below, we reverse and remand the case to the trial court for further action consistent with this opinion.

On June 16, 1999, the Bursons filed suit against Daniels for breach of a real estate lease-purchase agreement. Daniels answered and counterclaimed for unpaid rent and attorney fees under the contract. A non-jury trial was scheduled for August 6, 2001, at 9:30 a.m. Notice of the trial date was sent to both parties by the State Court of DeKalb County and published in the legal organ of DeKalb County.

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