Legal Opinion · Concurrence

Bryant v. BMC of Georgia, Inc.

Court of Appeals of Georgia

Decided July 12, 1988No. 76412Published

1ConcurrenceBeasley, Judge

The appeal is from the order dismissing the complaint for two reasons, failure to file a proposed pretrial order and failure to appear at a scheduled pretrial conference. Both of these requirements are governed by USCR 7.1 and 7.2 and may be imposed by the court pursuant to authority granted therein, by virtue of Ga. Const. 1983, Art. VI, Sec. IX, Par. I. The rule allows broad discretion in fashioning sanctions for violations, expressly precluding only dismissals “with prejudice.”

The trial court here simply dismissed the complaint. This makes it one without prejudice, because it was done for…

2Cases cited2 opinions

  1. Leach v. Aetna Casualty & Surety CompanyCourt of Appeals of Georgia · 1984
  2. Aetna Casualty & Surety Co. v. LeachSupreme Court of Georgia · 1985

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