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

Court of Appeals of Georgia·Decided September 20, 1979·No. 57758·Published·Cited by 3 cases

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.

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

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