Corey v. Renard

Court of Appeals of Georgia

Corey v. Renard

260 S.E.2d 538, 151 Ga. App. 584, 1979 Ga. App. LEXIS 2651

CourtCourt of Appeals of Georgia

DecidedSeptember 20, 1979

Docket57758

StatusPublished

Cited by3 cases

This text of 260 S.E.2d 538 (Corey v. Renard) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Corey v. Renard, 260 S.E.2d 538, 151 Ga. App. 584, 1979 Ga. App. LEXIS 2651 (Ga. Ct. App. 1979).

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Opinion

Smith, Judge.

We granted this interlocutory appeal to deal with the trial court’s imposing the sanction of default judgment against appellant-defendant. The court imposed that sanction under CPA § 37 (d) (Code Ann. § 81A-137 (d)), for appellant’s failure to answer interrogatories propounded by appellee Renard. However, appellant had timely filed a motion for a protective order concerning the interrogatories. The court never ruled upon appellant’s motion. While the protective order was pending, the entry of default judgment under CPA § 37 (d) was erroneous. See CPA § 37(d).

Judgment reversed.

Quillian, P. J., and Birdsong, J., concur.

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Smith, Judge.

We granted this interlocutory appeal to deal with the trial court’s imposing the sanction of default judgment against appellant-defendant. The court imposed that sanction under CPA § 37 (d) (Code Ann. § 81A-137 (d)), for appellant’s failure to answer interrogatories propounded by appellee Renard. However, appellant had timely filed a motion for a protective order concerning the interrogatories. The court never ruled upon appellant’s motion. While the protective order was pending, the entry of default judgment under CPA § 37 (d) was erroneous. See CPA § 37(d).

Judgment reversed.

Quillian, P. J., and Birdsong, J., concur.

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Bluebook (online)

260 S.E.2d 538, 151 Ga. App. 584, 1979 Ga. App. LEXIS 2651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corey-v-renard-gactapp-1979.

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