Duty v. Watkins

Darrell Hickman, Justice.

The appellants’ lawsuit was dismissed because they refused to comply with an order compelling discovery. We affirm the court’s action dismissing the appellant Opal Duty with prejudice, but we reverse and remand to allow James Duty to take a nonsuit.

James Duty and his mother, Opal, filed suit against Barry Watkins, an attorney. Watkins filed a motion to dismiss the complaint for failure to answer discovery requests. Since Judge Kim Smith had disqualified himself in the case, the motion to dismiss was heard by Judge Mahlon Gibson.

James Duty appeared pro se at the…