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Lawskills.com Georgia Caselaw
DUVALL v. DUVALL.
46589.
HALL, Presiding Judge.
Action for damages. Chatham Superior Court. Before Judge McWhorter.
Defendant in a suit for false imprisonment and malicious prosecution appeals from the order striking parts of her answer pursuant to Code Ann. 81A-112 (f) (redundant, immaterial, impertinent or scandalous). The order was certified for immediate review.
Defendant contends that by striking these sections the court has deprived her of the opportunity to adequately defend against the harsh allegations of the complaint. We disagree. It is sufficient to say that the court did not abuse its discretion in ordering certain parts stricken. The remainder of the answer adequately covers all of the plaintiff's allegations.
Joseph B. Bergen, for appellee.
J. Walter Cowart, for appellant.
ARGUED SEPTEMBER 20, 1971 -- DECIDED NOVEMBER IS, 1971.
Friday May 22 15:45 EDT


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