Carter v. Merrill Lynch, Pierce, Fenner & Smith

Pannell, Judge.

1. Paragraph (d) of Section 37 of the Civil Practice Act, as last amended by Section 10 of the Act of 1972, pp. 510, 530 (Code Ann. § 81A-137 (d)) provides that: "If a party . . . fails (1) to appear before the officer who is to take his deposition, after being served with proper notice, . . . the court in which such action is pending on motion may make such orders in regard to the failure as are just, and, among others, it may take any action authorized under subparagraphs (A), (B) and (C) of paragraph (b) (2) of this Section,” which subparagraph (C) provides as a sanction "an…