Exigence, LLC v. Baylark

JIM GUNTER, Justice.

^Appellant appeals the circuit court’s grant of appellee’s motion for sanctions, in which the court struck appellant’s answer and declared a default judgment in favor of appellee on the issue of liability. On appeal, appellant asserts that the court erred because (1) Judge Simes had no authority to enter the strike order; (2) the order compelling discovery was deficient on its face and could not serve as a basis for sanctions; (3) the order compelling discovery was entered in error. We reverse and remand.

On August 25, 2005, appellee was injured at his workplace when he was…