Meadows v. Dalton

Banke, Judge.

This appeal is from an order denying plaintiffs motion to set aside an earlier judgment which had dismissed his complaint with prejudice and had granted summary judgment in favor of defendant upon a counterclaim. The basis of the court’s earlier judgment was the plaintiffs failure to file timely responses to defendant’s interrogatories, request for admissions, and request for production of documents. Plaintiff complains that the judgment should have been set aside because the defendant’s attempts at discovery were neither made a part of the pleadings nor introduced in evidence.…