6/24/2023 0 Comments Site one landscapeThe order also advised SiteOne that it had 30 days from the date of service to file an answer to the amended complaint. Discovery ensued, and at some point, the trial court granted a consent motion to add SiteOne as a defendant.1 In doing so, the court ordered Stewart to (1) file an amended complaint that identified his specific claims against SiteOne, and (2) serve that amended complaint on SiteOne. Specifically, Stewart sued the driver of the tractor trailer, her employer, and her employer’s insurance company. In September 2018, Stewart filed a negligence complaint against several defendants arising from injuries he sustained in a car accident, in which he collided with a tractor trailer. For the reasons set forth infra, we reverse. In doing so, SiteOne argues the trial court erred by (1) entering a default judgment against it based on its failure to file an answer to Stewart’s amended complaint when it was not statutorily required or ordered to do so (2) failing to consider whether Stewart’s complaint asserted a viable claim against it and (3) failing to give it notice of the default judgment. SiteOne Landscaping Supply, LLC appeals the trial court’s denial of its motion to set aside a default judgment, which awarded damages to Larry Stewart in his negligence action against it. In the Court of Appeals of Georgia A22A0591. NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed.
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