Corey v. Renard

Full title: COREY v. RENARD

Court: Court of Appeals of Georgia

Date published: Sep 20, 1979

260 S.E.2d 538 (Ga. Ct. App. 1979)

260 S.E.2d 538

Opinion

57758.

ARGUED MAY 9, 1979.

DECIDED SEPTEMBER 20, 1979. REHEARING DENIED OCTOBER 2, 1979.

Fair Business Act. DeKalb State Court. Before Judge Mitchell.

Don M. Jones, for appellant.

Ronald L. Hilley, for appellee.

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.

SMITH, Judge.

ARGUED MAY 9, 1979 — DECIDED SEPTEMBER 20, 1979 — REHEARING DENIED OCTOBER 2, 1979 — CERT. APPLIED FOR.