Hagemann v. Berkman Wynhaven Associates, L.P.

I respectfully dissent. As held in Walden v. Shelton,5 although OCGA § 9-11-11.1 mandates the imposition of an appropriate sanction, it allows the trial court the discretion to choose from various options in fashioning the form of that sanction. Nevertheless, disapproving Walden, the majority takes that discretion out of the hands of the trial court and mandates that the form of the sanction here must *685include the imposition of reasonable expenses. I respectfully disagree and would rule that Walden was rightly decided.

The majority twice quotes the pertinent language of OCGA § 9-11-11.1 (b),…