Truck & Trailer Sales Corp. v. East Coast Transp. Co

In Truck & Trailer Sales Corp. v. East Coast Transp. Co., 141 Ga. App. 85 (232 SE2d 578) (1977) the defendant was served with a complaint and sent the complaint to its attorney, but did not confirm that the complaint had been received. No answer was filed, and defendant's later motion to open the default was denied. In affirming the trial court's refusal to open default, this Court determined that "reliance on the postal service for communicating the existence of a legal complaint between client and attorney" did not constitute "excusable neglect" sufficient to allow the default judgment to be opened. The Court noted that "while the defendant's failure to follow up on the mailing of the complaint to counsel may be understandable, it is not excusable."