Legal Opinion

Pascal v. Prescod

Court of Appeals of Georgia

Decided March 2, 2009No. A08A2184Published

1Opinion of the Court

Bernes, Judge.

Charles J. Pascal, a pro se litigant, appeals the trial court’s order dismissing his complaint as a sanction for his repeated failure to attend his properly noticed depositions. We discern no error and affirm.

OCGA § 9-11-37 (d) authorizes a trial court to impose immediate sanctions, including dismissal of an action with prejudice, when the plaintiff has wilfully failed to appear at his properly noticed deposition. See Rice v. Cannon, 283 Ga. App. 438 (1) (641 SE2d 562) (2007); King v. Bd. of Regents &c. of Ga., 238 Ga. App. 4, 5-6 (3) (516 SE2d 581) (1999); James v. Gray, 229…

2Cases cited8 opinions

  1. Smith v. AdamsonCourt of Appeals of Georgia · 1997
  2. Cook v. LassiterCourt of Appeals of Georgia · 1981
  3. Rice v. CannonCourt of Appeals of Georgia · 2007
  4. Tharp v. VESTA HOLDINGS I, LLCCourt of Appeals of Georgia · 2005
  5. King v. Board of Regents of the University SystemCourt of Appeals of Georgia · 1999

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