Silverthorne v. Coastal Land Co.

ARNOLD, Judge.

Original Plaintiffs ’ Appeal

In his order dismissing the plaintiffs’ action, the trial court concluded that the plaintiffs’ failure to file answers to interrogatories within 60 days of 5 April 1976, as they had been ordered by the court to do, was “wholly without justification or excuse.” Plaintiffs argue that there is no evidence to support this conclusion. •

Plaintiffs’ view is that defendants were required to show that plaintiffs’ failure to comply with the court order was without justification, but this is not the case. G.S. 1A-1, Rule 37(b)(2) sets out possible consequences…