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Peachtree Plastics Inc. v. Verhine

Although corporate defendant's answer was defective because the company president who filed it was not an attorney, it cured the defect by submitting an amended answer filed by its attorney.

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Lester Verhine d/b/a Plastic Grinders of Georgia, Inc. Verhine sued Peachtree Plastics, Inc. Peachtree to collect an unpaid account. Verhine filed a motion to strike Peachtree’s answer and for a default judgment alleging that the answer was a nullity because it was filed by Peachtree’s president, a nonattorney who was not authorized to represent the corporation in a court of record. Peachtree responded to the motion by filing an amended answer filed by an attorney who entered an appearance as Peachtree’s attorney of record. The trial court struck Peachtree’s answer and granted a default judgment in favor of Verhine. Peachtree appeals claiming that its amended answer filed by an attorney was a valid answer which related back to the date of the original answer under the provisions of OCGA § 9-11-15.

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