Legal Opinion · Dissent

Schrembs v. Atlanta Classic Cars, Inc.

Court of Appeals of Georgia

Decided October 3, 1990No. A90A1368Published

1DissentDeen, Presiding Judge

Considering very similar procedural circumstances, this court has previously held that imposition of the harsh sanction of dismissal of a complaint or answer pursuant to OCGA § 9-11-37 is error, where no opportunity to explain the failure to comply is afforded. Lewis v. Foster, 186 Ga. App. 819 (368 SE2d 575) (1988); Serwitz v. Gen. Elec. Credit Corp., 174 Ga. App. 747 (331 SE2d 95) (1985); Harwood v. Great American Mgmt. &c., 164 Ga. App. 703 (298 SE2d 263) (1982). *452These cases not having been overruled, they should still be controlling in this situation. The imposition of sanctions was…

2Cases cited3 opinions

  1. Serwitz v. General Electric Credit Corp.Court of Appeals of Georgia · 1985
  2. Harwood v. Great American Management & Investment, Inc.Court of Appeals of Georgia · 1982
  3. Lewis v. FosterCourt of Appeals of Georgia · 1988

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