Legal Opinion

Motani v. Wallace Enterprises, Inc.

Court of Appeals of Georgia

Decided August 27, 2001No. A01A1179PublishedCited by 11 opinions

1Opinion of the Court

Phipps, Judge.

Wallace Enterprises, Inc. sued Sonya Enterprises, Inc. and Nasiruddin Motani for failure to pay a debt in the amount of $10,234.10 and for service charges associated with a check returned for insufficient funds. Sonya and Motani appeal the trial court’s order striking their answers, entering judgment against them and imposing monetary sanctions for failing to comply with the court’s order on a motion to compel. We find that the trial court abused its discretion by imposing such a severe sanction in the absence of any evidence of wilfulness, bad faith or conscious disregard of an…

2Cases cited6 opinions

  1. Schrembs v. Atlanta Classic Cars, Inc.Supreme Court of Georgia · 1991
  2. Stolle v. State Farm Mutual Automobile InsuranceCourt of Appeals of Georgia · 1992
  3. General Motors Corp. v. ConkleCourt of Appeals of Georgia · 1997
  4. Joel v. Duet Holdings, Inc.Court of Appeals of Georgia · 1987
  5. Hernandez v. StateCourt of Appeals of Georgia · 1991

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Gropper v. STO CORP.Court of Appeals of Georgia · 2005
  2. Asap Healthcare Network, Inc. v. Southwest Hospital & Medical Center, Inc.Court of Appeals of Georgia · 2004
  3. Miller v. LynchCourt of Appeals of Georgia · 2019
  4. Largo Villas Homeowners' Ass'n v. BunceCourt of Appeals of Georgia · 2006
  5. Caribbean Healthways, Inc. v. JamesSupreme Court of The Virgin Islands · 2013

6 more not listed; retrieve them via the Exa API.

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