Robin and Donna Robinson brought suit against Moonraker Associates, Ltd. and others seeking damages for Robin Robinson’s injuries and Donna Robinson’s loss of consortium. No answer was timely filed, and a default judgment was entered in favor of the Robinsons
In their sole enumeration of error, appellants contend the trial court erred by granting appellees’ motion to set aside the default judgment because appellees had not paid costs as required by OCGA § 9-11-55 (b). We note initially that the provisions of OCGA § 9-11-55 (b) apply only to opening a default before judgment has been entered.
Allen v. Nash,
“Once a default judgment is set aside, the case returns to the posture it occupied prior to the entry of the default judgment, which posture is usually that of being in default. [Cits.] It is at this point that the procedure for opening default, set out in OCGA § 9-11-55 (b), is set into motion.”
P. H. L. Dev. Corp. v. Smith,
Judgment affirmed.
