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Brown v. Brown

The plaintiff was not entitled to a default judgment against her mother-in-law with regard to marital property that was titled in the mother-in-law's name since O.C.G.A. § 9-11-55 does not apply to divorce actions.

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Appellee Sharon Brown filed suit for divorce against her spouse, and named her mother-in-law, appellant Jean Brown, as a co-defendant. The gravamen of the claim against appellant was that certain real property titled in her name actually belonged to appellee and her husband, and was, therefore, subject to equitable division in the divorce proceeding. See generally DeGarmo v. DeGarmo, 269 Ga. 480, 481 2 499 SE2d 317 1998. The complaint was served on appellant on March 11, 1998, but she did not file an answer until October 26, 1998. Before the case was called for trial in April of 1999, appellee moved for default judgment against appellant. The trial court granted the motion, and entered a default judgment establishing that appellant held the property in trust for the benefit of appellee and her husband. The jury’s subsequent verdict mandated a sale of the property, with a designated amount of the proceeds used to pay marital debts and any balance awarded to appellant. We granted appellant’s application for discretionary appeal, in order to determine whether the trial court erred in entering default judgment against her.

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