House v. Hewett Studios, Inc.

Bell, Chief Judge.

1. A default judgment may be entered for the wilful failure of a party to appear at the taking of his deposition. CPA § 37 (d) (Code Ann. § 81A-137 (d)). Here the defendant failed to appear before the officer who was to take his deposition after service of proper notice. The plaintiff moved for a judgment. After a hearing, the trial court found as a fact that defendant’s failure to appear was wilful. The finding of fact of wilfulness is supported by an affidavit accompanying plaintiffs motion. Nothing to the contrary was offered by defendant. The trial court did not abuse…