Legal Opinion

McCane v. CAPPETT CORPORATION

Court of Appeals of Georgia

Decided September 20, 1979No. 57723PublishedCited by 6 opinions

1Opinion of the Court

Smith, Judge.

Appellant asserts that the trial court erred in striking his pleadings and entering a default judgment pursuant to CPA § 37(b)(2)(C)(Code Ann. § 81A-137 (b)(2)(C)). The entry of judgment against appellant was based upon a finding that appellant wilfully failed to attend a deposition as required by court order. This court must decide whether the trial court abused its discretion in entering judgment against appellant. We affirm.

1. Nothing in the record suggests that appellant was unaware of the trial court’s order requiring him to attend a deposition at 12:00 noon on August 22,…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. Sta-Power Industries, Inc. v. AvantCourt of Appeals of Georgia · 1975
  2. Swindell v. SwindellSupreme Court of Georgia · 1975
  3. Continental Nut Co. v. Savannah Bank & Trust Co.Court of Appeals of Georgia · 1977

3Cited by6 opinions

  1. Nickerson v. Candler Building, Inc.Court of Appeals of Georgia · 1980
  2. Carter v. Data General Corp.Court of Appeals of Georgia · 1982
  3. Porter v. Eastern Airlines, Inc.Court of Appeals of Georgia · 1983
  4. City of Atlanta v. PaulkCourt of Appeals of Georgia · 2005
  5. Huff v. E. L. Davis Contracting Co.Court of Appeals of Georgia · 1990

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