Perkins Masonry Contractors, Inc. v. Housing Authority
Perkins Masonry Contractors, Inc. v. Housing Authority
Opinion of the Court
Appellant Perkins Masonry Contractors, Inc. filed suit against appellee Housing Authority of the City of Atlanta on March 20, 1985
The trial court found that appellee “was excusably negligent based upon its reliance upon counsel in filing its answer with the court,” and granted the motion to open default. The trial court subsequently granted appellee’s motion for summary judgment. On appeal, appellant challenges only the trial court’s order granting appellee’s motion to open default.
OCGA § 9-11-55 (b) “allows a prejudgment default to be opened on one of three grounds if four conditions are met. The three grounds are: (1) providential cause, (2) excusable neglect, and (3) proper case; the four conditions are: (1) showing made under oath, (2) offer to plead instanter, (3) announcement of ready to proceed with trial, and (4) setting up a meritorious defense. [Cits.]” Muscogee Realty Dev. Corp. v. Jefferson Co., 252 Ga. 400, 401 (314 SE2d 199) (1984). The record in the present case shows that appellee complied with the necessary conditions prior to the opening of the default; hence, the only issue presented for review is whether the trial court abused its discretion in finding that appellee’s failure was based upon excusable neglect. As to this issue, the record shows that appellee was prompt and diligent in forwarding a copy of the complaint to its counsel. More importantly, the record also shows that appellee, based upon its attorney’s unequivocal, written representation, reasonably believed that its attorney had been equally diligent in filing its answer. Lastly, the record shows that appellant was served with a copy of appellee’s answer. “The law should not blindly impose standards which require individuals, in the conduct of their daily business, to distrust the parties with whom they deal. Likewise, a litigant should not unnecessarily be forced into default as a consequence of having reasonably relied upon the word of his fellow, particularly when no innocent party will suffer if the default is opened.” Cobb County Fair Assn. v. Boyle, 143 Ga.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.