J-R Construction Co. v. Paddock Pool Construction Co.

OPINION

McFATE, Judge (Retired).

The issue on appeal is whether the trial court abused its discretion in setting aside its previous judgment dismissing appellee’s complaint.

Appellee brought suit against appellant for damages for breach of a construction contract. Discovery procedures were commenced by both sides. Following appellee’s repeated delays in answering interrogatories, appellant brought a motion to compel discovery. The parties stipulated to an order on August 2, 1977 requiring appellee to answer the interrogatories by August 19, 1977 and assessing attorney’s fees against appellee in…