SRM Realty Services Group, LLC v. Capital Flooring Enterprises, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that Rule 15 certificate at issue satisfied the requirements of that rule but not addressing whether a complete failure to file a Rule 15 certificate constitutes a nonamendable defect in the record
• holding that Rule 15 5 See OCGA § 9-11-4 (h) (“The person serving the process shall make proof of such service with the court in the county in which the action is pending within five business days of the service date.”
• plain language of OCGA § 9-11-55 entitles plaintiff to a default judgment without notice to defaulting defendant in certain circumstances
• in contrast to waiver of service under OCGA § 9-11-4 (d), waiver of service under OCGA § 9-10-73 does not extend 30-day period for filing answer
• “[D]efault judgment is a drastic sanction that should be invoked only in extreme situations. Whenever possible cases should be decided on their merits for default judgment is not favored in law.”
• because the time period to serve an answer is not extended by OCGA § 9-10-73, where service is acknowledged pursuant to that statute, an answer must be served within 30 days after service is acknowledged

Source: CourtListener parenthetical corpus (CC0).