Public-domain · open source
OpenJurist

154 Ga. App. 520

McIntosh v. Moye

Court of Appeals of Georgia

Decided May 5, 1980

Court of Appeals of Georgia · decided 1980-05-05

Cited by 1 later decisions — most recently July 2000

1 state decisions

Relies on 137 Ga. App. 312 - Johnson v. Martin

Good law ✅— No negative treatment on recordhow we know

Decided 1980-05-05

View the full empirical analysis of this case →

Sognier, Judge.

¶1This case invokes an appeal from an order of the trial judge striking appellant’s answer, defense and counterclaim for failure to respond to appellee’s interrogatories. The order was provoked by appellee’s motion seeking an order to compel responses, attorney fees and cost. After hearing the motion the judge’s order was entered.

¶2The failure of appellant to answer the interrogatories was not a violation of any previous order of the court and such sanctions were not sought by appellee. The order was an abuse of discretion and exceeds the sanctions either needed or requested. Johnson v. Martin, 137 Ga. App. 312, 313 (223 SE2d 465) (1976).

¶3Judgment reversed.

Deen, C. J., and Birdsong, J., concur.
/154/gaapp/520 · .json · Public domain