We also reject the contention that the interrogatory answers Didio provided after Chess filed his motion for contempt precluded the trial court from striking Didio's answer. See Bryant v. Nationwide Insurance Co., 183 Ga. App. 577, 578 ( 359 S.E.2d 441) (1987). Judgment affirmed. Beasley, C. J., and Ruffin, J., concur.
It is undisputed that counsel for the appellant failed to satisfy that requirement, and the trial court thus did not abuse its discretion in denying the motion to compel and assessing reasonable expenses against the appellant. OCGA ยง 9-11-37, generally; Bryant v. Nationwide Ins. Co., 183 Ga. App. 577 ( 359 S.E.2d 441) (1987). Judgments affirmed. Birdsong, P. J., and Blackburn, J., concur.
OCGA ยง 9-11-37 (d) (1) authorizes the imposition of sanctions for the failure of a party to respond to a request for production of documents, and sanctions may be entered under this provision without the prior filing of a motion to compel. Bryant v. Nationwide Ins. Co., 183 Ga. App. 577, 578 ( 359 S.E.2d 441) (1987). As appellant correctly notes, "`[o]nce a motion for sanctions has been filed, their imposition cannot be precluded by a belated response made by the opposite party.
The standard for review of an order dismissing a complaint for plaintiff's failure to respond to discovery is abuse of discretion. See Bryant v. Nationwide Ins. Co., 183 Ga. App. 577 ( 359 S.E.2d 441) (1987). We find no abuse of discretion in this case.
Id. at 697. Since the expenses and attorney fees sanctions of OCGA ยง 9-11-37 (b) (2) are mandatory (absent certain limited exceptions) and are intended to compensate the moving party for expenses previously incurred in obtaining compliance with a court order compelling discovery, allowing a plaintiff to avoid such sanctions by voluntarily dismissing the complaint would thwart the purpose of OCGA ยง 9-11-37 (b) (2). Accord Bryant v. Nationwide Ins. Co., 183 Ga. App. 577, 578 ( 359 S.E.2d 441) (1987) (once a motion for sanctions has been filed their imposition cannot be precluded by a belated response to the discovery request). Nothing in OCGA ยง 9-11-41 (a) compels such a result.
Plaintiff appeals the order dismissing the complaint. The appellate courts of this state have repeatedly held that a total failure to respond to a discovery request subjects a party to immediate sanctions pursuant to OCGA ยง 9-11-37 (d). See, e.g., Mayer v. Interstate Fire Ins. Co., 243 Ga. 436 ( 254 S.E.2d 825) (1979); Bryant v. Nationwide Ins. Co., 183 Ga. App. 577 ( 359 S.E.2d 441) (1987); Vlasz v. Schweikhardt, 178 Ga. App. 512 (2) ( 343 S.E.2d 749) (1986); Danger v. Strother, 171 Ga. App. 607 (1) ( 320 S.E.2d 613) (1984); Wetherington v. Koepenick c., 153 Ga. App. 302 (1) ( 265 S.E.2d 107) (1980). Thus, contrary to plaintiff's argument below, defendant was not required first to obtain an order compelling plaintiff to respond to his interrogatories.
[Cit.]" Bryant v. Nationwide Ins. Co., 183 Ga. App. 577, 578 ( 359 S.E.2d 441) (1987). (Emphasis supplied.)
Pursuant to OCGA ยง 9-11-37 (d) (1) the trial court may impose the immediate sanction of dismissal for plaintiff's failure to respond to defendant's discovery requests. Bryant v. Nationwide Ins. Co., 183 Ga. App. 577 ( 359 S.E.2d 441) (1987). "The sanction of dismissal for failure to comply with discovery provisions of the Civil Practice Act requires only a conscious or intentional failure to act, as distinguished from an accidental or involuntary non-compliance."
Bicknell v. CBT Factors Corp., 171 Ga. App. 897, 899 ( 321 S.E.2d 383). The court also is authorized to impose sanctions for failure to comply with its discovery orders, although there is apparently no provision for the aggrieved party to move for a dismissal of an appeal on the basis of the non-complying party's adjudication of contempt. Compare Williams v. Natalie Townhouses, 182 Ga. App. 815 ( 357 S.E.2d 156) with Bryant v. Nationwide Ins. Co., 183 Ga. App. 577 ( 359 S.E.2d 441). Ostroff's arguments that because he does not reside in Georgia nor possess any property here, the court should not have required him to appear here, are not cited to the record to establish these alleged facts.
(Punctuation omitted.) Bryant v. Nationwide Ins. Co., 183 Ga. App. 577, 578, 359 S.E.2d 441 (1987). [3, 4] Trial courts "have broad discretion in controlling discovery, including the imposition of sanctions."