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134 Ga. App. 852

216 S.E.2d 676

Drew v. Hagy

Court of Appeals of Georgia

Decided May 15, 1975

Court of Appeals of Georgia · decided 1975-05-15

Relies on 116 Ga. App. 783 - Aetna Life Insurance Co. v. Greene

Good law ✅— No negative treatment on recordhow we know

Decided 1975-05-15

How this case has been cited

Cited by 7 later decisions — most recently November 2000

7 state decisions

401975198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Bell, Chief Judge.

¶1 In this case plaintiff served interrogatories on defendant. Fifty-six days after service defendant answered some and specifically objected to six of those unanswered. Defendant sought no extension of time in which to answer or object. Plaintiff filed a motion to compel answers. The trial court sustained the objections to the six interrogatories and ordered defendant to answer the balance. Plaintiff appeals from this order under a certificate for immediate review. Held:

¶2 CPA § 33 (a) requires that answers and objections are to be served within 30 days after service of the interrogatories except that a defendant cannot be required to serve answers or objections within 45 days after service of the summons and complaint on him. (Code Ann. § 81A-133 (a)). Failure to file timely objections to the interrogatories is a waiver of the right to object. Aetna Life Ins. v. Greene, 116 Ga. App. 783, 788 (159 SE2d 87); Wright and Miller, Federal Practice and Procedure, § 2173. Thus the defendant waived his right to object and the trial court had no alternative but to grant plaintiffs motion to compel answers to all interrogatories. It was error to sustain the objections to the six interrogatories and not order them answered. We reverse with direction that the trial court enter an order compelling defendant to answer all interrogatories.

¶3 Reversed with direction.

Webb and Marhsall, JJ., concur.
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