Plodzik v. Owens-Corning Fiberglas Corp.

PHILLIPS, Chief Justice.

The question for decision is whether the trial court abused its discretion in striking appellant’s pleadings and granting ap-pellee default judgment where appellant had no notice of an order to compel answers on oral deposition (or have his pleadings stricken and default judgment entered against him), until such time as compliance therewith had passed.

We answer the question in the affirmative and reverse the judgment of the trial court and remand the cause for trial.

This suit was brought by appellee to recover for certain merchandise allegedly sold to Precision…