Anderson v. Bibb Supply Company, Inc.

Full title: ANDERSON v. BIBB SUPPLY COMPANY, INC

Court: Court of Appeals of Georgia

Date published: Sep 28, 1988

374 S.E.2d 556 (Ga. Ct. App. 1988)

374 S.E.2d 556

Opinion

77457.

DECIDED SEPTEMBER 28, 1988. REHEARING DENIED OCTOBER 17, 1988.

Default judgment motion. Fulton State Court. Before Judge Baxter.

Ronald C. Harrison, Patrick J. Gibbs, for appellant.

Jeffrey C. Hamling, for appellee.

McMURRAY, Presiding Judge.

Plaintiff Bibb Supply Company, Inc., filed its complaint alleging that defendants Potter and Rayfield, Inc., and Anderson are indebted to plaintiff. No answer was filed by either defendant and a default judgment against both defendants was entered on October 23, 1987. Subsequently, on November 3, 1987, defendant Anderson filed his motion to open default judgment predicated upon the provisions of OCGA § 9-11-55 (b). This appeal by defendant Anderson is taken from the order denying his motion to open default judgment. Held:

"Defendant's motion to open default, made after entry of final judgment, was properly denied. The provisions of [OCGA § 9-11-55 (b)] regarding the opening of default became inapplicable upon entry of a final judgment. John M. Murray, Jr. Constr. Co. v. Tuxedo Plumbing Heating Co., 149 Ga. App. 101, 102 ( 253 S.E.2d 465)." Southwest Community Hosp. c. Center v. Thompson, 165 Ga. App. 442, 443 (2) ( 301 S.E.2d 501). See also Allstate Ins. Co. v. Travelers Ins. Co., 249 Ga. 504, 506 (3) ( 291 S.E.2d 535).

Judgment affirmed. Pope and Benham, JJ., concur.

DECIDED SEPTEMBER 28, 1988 — REHEARING DENIED OCTOBER 17, 1988.