Peters Creek Sanitary Authority v. Welch

OPINION OF THE COURT

CASTILLE, Justice.

The sole issue on appeal is whether a trial court may strike an answer to a complaint as untimely where it is filed approximately twenty-three (23) months after the complaint was served and one (1) day before trial was set to begin even though the plaintiff failed to move for default judgment. Because we find that it is within the trial court’s broad discretion to strike as untimely an answer which blatantly ignores the time limits set by procedural rules and that the trial court does not abuse its discretion in striking an answer where the moving party…