Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Echols

Stolz, Judge.

This is an appeal from an order of the trial court striking the plaintiff’s complaint and taxing costs and attorney fees to the plaintiff as a sanction for its failure to answer interrogatories.

1. The defendant-appellee has moved to dismiss the appeal on the ground that the appellant’s failure to pay court costs resulted in the late transmittal of the record to this court.

"Prior to March 2,1972, the late filing of a transcript, and nothing appearing in the record as the cause for the lateness, was deemed to have been caused by the appellant or his counsel in accordance with the…