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Johnson v. Heifler

Court of Appeals of Georgia
May 8, 1979
256 S.E.2d 143 (Ga. Ct. App. 1979)

Opinion

57546.

SUBMITTED APRIL 9, 1979.

DECIDED MAY 8, 1979.

Notice to produce. Fulton State Court. Before Judge Wright.

J. L. Jordan, for appellant.

Harvey M. Whiteman, Mary Walton Whiteman, for appellee.


After a final judgment against the appellant, the appellee initiated discovery proceedings in aid of execution. See Code Ann. § 81A-169. This appeal is from an order of the trial court overruling the appellant's objections to a notice to produce and to a notice to take deposition and denying his motion for a protective order. The appellant complains that the notices did not give him a reasonable time to comply; that there was insufficient notice of date, time, and place for the discovery; that the items to be produced were insufficiently described; and generally that compliance would be unduly burdensome and would cause him to incriminate himself in violation of his rights under the Fifth and Fourteenth Amendments to the United States Constitution. Held:

1. The contention that there was insufficient notice of date, time, and place for the deposition and the production of the documents was not presented to the trial court. Such objections cannot be raised for the first time on appeal. Johnson v. Heifler, 141 Ga. App. 460 ( 233 S.E.2d 853) (1977).

2. With regard to the remaining enumerations of error, the record contains no support for the appellant's broad, conclusory allegations. Thus, it has not been shown that the trial court abused its discretion in overruling the appellant's objections to the discovery and in denying his motion for a protective order. See generally Retail Credit Co. v. United Family Life Ins. Co., 130 Ga. App. 524 ( 203 S.E.2d 760) (1974).

Judgment affirmed. Underwood and Carley, JJ., concur.

SUBMITTED APRIL 9, 1979 — DECIDED MAY 8, 1979.


Summaries of

Johnson v. Heifler

Court of Appeals of Georgia
May 8, 1979
256 S.E.2d 143 (Ga. Ct. App. 1979)
Case details for

Johnson v. Heifler

Case Details

Full title:JOHNSON v. HEIFLER

Court:Court of Appeals of Georgia

Date published: May 8, 1979

Citations

256 S.E.2d 143 (Ga. Ct. App. 1979)
256 S.E.2d 143

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