Anton v. Garvey

Banke, Judge.

The trial court dismissed the appellant’s personal injury action upon a finding that he had “wilfully and unjustifiably failed to make discovery so as to justify dismissal under Ga. Code § 81A-137 (d)...” Within the same term of court, appellant filed a “motion for rehearing and to set aside order and judgment,” contending that the failure to make discovery had been accidental and unintentional. He appealed within 30 days of the denial of this motion but more than 30 days from the dismissal of the complaint. The appellee has moved to dismiss the appeal. Held:

A motion to…