Opinion
45550.
ARGUED SEPTEMBER 16, 1970.
DECIDED SEPTEMBER 30, 1970.
Action on bond. Colquitt Superior Court. Before Judge Calhoun.
W. G. Elliott, for appellant.
James G. Mahorner, Hugh L. Smith, for appellee.
At any time before final judgment the court, in its discretion, upon payment of costs, may allow the opening of a default in a case "for excusable negligence." Code Ann. § 81A-155 (b) (Ga. L. 1966, pp. 609, 659; 1967, pp. 226, 238). The trial court, after a hearing, having determined that there was no reasonable excuse for failing to answer the suit, there was being no traverse of service and it being shown that the defendant was aware that this suit had been filed in the State court as shown by the pleadings in a similar suit in the Federal court served upon the appellant, it did not abuse its discretion in refusing to open the default. Brucker v. O'Connor, 115 Ga. 95, 96 ( 41 S.E. 245); Haynes v. Smith, 99 Ga. App. 433, 435 ( 108 S.E.2d 772); Strickland v. Galloway, 111 Ga. App. 683, 685 ( 143 S.E.2d 3); Ezzard v. Morgan, 118 Ga. App. 50 ( 162 S.E.2d 793); American Liberty Ins. Co. v. Sanders, 120 Ga. App. 202 (3) ( 170 S.E.2d 249); Jordan v. Clark, 119 Ga. App. 18 ( 165 S.E.2d 922). The enumerated error is not meritorious.
Judgment affirmed. Hall, P. J., and Deen, J., concur.