Legal Opinion
Morton v. Retail Credit Co.
Court of Appeals of Georgia
Decided October 7, 1971No. 46345PublishedCited by 12 opinions
1Opinion of the Court
Jordan, Presiding Judge.
Morton appeals from a dismissal of his claim for libel as to all parties because of his unexcused delay in serving answers to interrogatories.
If a party "wilfully fails to serve answers to interrogatories submitted under section 81A-133, after proper service . . . the court on motion and notice may strike out all or any part of any pleading of that party, or dismiss the action or proceeding or any part thereof.” CPA § 37 (d); Code Ann. § 81A-137 (d). For the effect of involuntary dismissal, see CPA § 41 (b); Code Ann. § 81A-141 (b). The party served, unless he pursues…
2Cases cited5 opinions
- Williamson v. LunsfordCourt of Appeals of Georgia · 1969
- Hobbs v. New England InsuranceSupreme Court of Georgia · 1956
- Smith v. MullinaxCourt of Appeals of Georgia · 1970
- Dean v. Gainesville Stone Co.Court of Appeals of Georgia · 1969
- Siefferman v. KirkpatrickCourt of Appeals of Georgia · 1970
3Cited by12 opinions
- Merrill Lynch, Pierce, Fenner & Smith, Inc. v. EcholsCourt of Appeals of Georgia · 1976
- Maxey v. CovingtonCourt of Appeals of Georgia · 1972
- Gregory v. King Plumbing, Inc.Court of Appeals of Georgia · 1972
- Houston General Insurance v. Stein Steel & Supply Co.Court of Appeals of Georgia · 1975
- Rucker v. BlakeyCourt of Appeals of Georgia · 1981
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