lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
SUCHNICK v. SOUTHERN GENERAL INSURANCE COMPANY.
A90A0785.
POPE, Judge.
Complaint dismissal. DeKalb State Court. Before Judge Workman.
Plaintiff James Suchnick appeals the trial court's order dismissing his complaint as a sanction for failure to respond to defendant's interrogatories and request for production of documents. The record shows plaintiff failed to serve any response to defendant's discovery requests and also failed to respond to defendant's motion for sanctions. On appeal, plaintiff argues the trial court erred in dismissing the complaint because no previous order compelling response to discovery had been issued. OCGA 9-11-37 (d) (1) authorizes a trial court to dismiss an action, pursuant to OCGA 9-11-37 (b) (2) (C), for complete failure to respond to interrogatories. Mayer v. Inter- state Fire Ins. Co., 243 Ga. 436 (2) (254 SE2d 825) (1979); Danger v. Strother, 171 Ga. App. 607 (1) (320 SE2d 613) (1984). The trial court did not abuse its discretion in dismissing plaintiff's complaint.
Because the law of Georgia is indisputably clear on issues raised by plaintiff's appeal, we grant defendant's motion for a $500 penalty for frivolous appeal pursuant to Rule 26 (b) of the Rules of this Court. The trial court is hereby directed to enter judgment for a $500 penalty against plaintiff and in favor of defendant upon return of the remittitur.
Darroch & Obenshain, Robert M. Darroch, for appellee.
Earnie R. Breeding, for appellant.
DECIDED SEPTEMBER 4, 1990.
Saturday May 23 16:35 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com