Cavender v. Taylor, 285 Ga. 724

Summary

The Supreme Court of Georgia affirmed a default judgment quieting title in favor of the Taylors. The court held that Cavender's answer was untimely because filing by mail is not complete upon mailing, and that he failed to satisfy the mandatory conditions for opening the default under OCGA § 9-11-55(b).

Holdings

1. An answer must be filed with the court within thirty days after service of the summons and complaint; mailing the answer within that period does not extend the filing deadline when the answer is not filed with the court until later.
2. The trial court had no discretion to open the default because Cavender did not satisfy the mandatory statutory conditions precedent, including making a sworn showing, offering to plead instanter, announcing ready for trial, setting up a meritorious defense, and paying costs.
3. Because the default was properly entered, the material allegations of the complaint were deemed admitted, including the allegations establishing the Taylors' adverse possession under color of title for seven years; the trial court therefore properly held that they acquired a fee simple interest by adverse possession.

Questions Presented

1. Whether an answer mailed within the thirty-day response period is timely when it is filed with the court after that period.
2. Whether the trial court erred by failing to open Cavender's default when he did not satisfy the statutory conditions for opening default.
3. Whether the default judgment properly established that the Taylors acquired a fee simple interest in the property by adverse possession.

Disposition

affirmed