Chelena v. Milton Fried Medical Clinic

1 Citing case

  1. Serwitz v. General Elec. Credit Corp.

    174 Ga. App. 747 (Ga. Ct. App. 1985)   Cited 16 times
    In Serwitz and Albers, the Court of Appeals found the trial court's order to be an impermissible self-executing order of dismissal; however, no such finding was made in Stokes or McGahee.

    "[The] dismissal of a party's pleadings for failure to respond to a discovery order is an extreme sanction which is warranted only where there exists a clear record of delay or contumacious conduct, and a lesser sanction would not better serve the interests of justice." Chelena v. Milton Fried Med. Clinic, 171 Ga. App. 580, 581 ( 320 S.E.2d 583) (1984). However, the wilful failure to comply with an order requiring the payment of attorney fees to an opposing party as reimbursement for his expenses expended in obtaining a discovery order has been held to warrant the imposition of such a sanction.