Global Furniture, Inc. v. Proctor

TYSON, Judge.

Eddie Proctor (“defendant”) appeals from the trial court’s 19 March 2003 order dismissing his counterclaim with prejudice as a sanction for failure to comply with a discovery order. Defendant also appeals a 2 May 2003 order finding entry of default had been improperly entered against Global Furniture, Inc., (“plaintiff’) and striking the entry of default. We vacate both orders and remand the 19 March 2003 sanction order for further consideration.

I. Background

Defendant is a former employee of plaintiff. Plaintiff instituted this action on 29 August 2002 and alleged defendant…