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Ellis v. Five Star Dodge Inc.

Defendant failed to show excusable neglect supporting the opening of default, since it did not make sure its insurance carrier had received plaintiff's complaint or that an answer was filed.

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In this contract action, plaintiffs Davis and Sheila Ellis appeal from the grant of summary judgment in favor of defendant Five Star Dodge, Inc. Finding that the trial court abused its discretion in opening the default of the defendant, we reverse the grant of summary judgment and remand for entry of default judgment and the determination of damages.

1. In their first enumeration of error, the plaintiffs assert that the trial court abused its discretion in granting the defendant’s motion to open default because the defendant failed to establish excusable neglect.

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