200 Ga. App. 368 - Hernandez v. State’s Empirical Analysis
1991
Citation profile
12 state decisions
Relationships
Relies on Mayer v. Interstate Fire Insurance · 151 Ga. App. 456 - Thornton v. Burson · 166 Ga. App. 506 - Ale-8-One of America, Inc. v. Graphicolor Services, Inc. · 181 Ga. App. 705 - Joel v. Duet Holdings, Inc. · 174 Ga. App. 747 - Serwitz v. General Electric Credit Corp.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] very broad discretion is granted judges in applying sanctions against disobedient parties in order to assure compliance with the orders of the courts. By OCGA § 9-11-37 (b) (2) (C), the courts are specifically granted the discretion to dismiss complaints or render default judgments against disobedient parties. This applies to the disobeying of an order to produce. Historically, it has been the policy of the Georgia appellate courts to refuse to interfere with a trial court's exercise of its discretion in absence of abuse. This policy is applicable to a trial judge's exercise of the broad discretionary powers authorized under the discovery provisions of the Civil Practice Act.”
1 later decision quote this exact passage“As a general rule, the trial court should attempt to compel compliance with its orders through the imposition of lesser sanctions than dismissal [or default]. The drastic sanctions of dismissal and default cannot be invoked under OCGA § 9-11-37 except in the most flagrant cases.... Hernandez, supra at 369 [ 408 S.E.2d 160 ]”
1 later decision quote this exact passage“make a determination, following notice and an opportunity for hearing, that the failure to comply with the order was wilful. [Cit.]”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.