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Sharon Allison Et Alv.Phillippa Wilson

CourtCourt of Appeals of Georgia
Docket No.A12A2256
DecidedMarch 21, 2013
JudgesCourt of Appeals of Georgia
Tags
CivilCivil ProcedureAppellate ProcedureReversalVacaturRemand
Case Summary

Sharon Allison and her attorneys were sanctioned after a lengthy discovery dispute over efforts to locate and serve Allison’s co-defendant in a personal-injury action. The trial court awarded attorney fees, later held Allison and counsel in contempt for failing to pay, and struck Allison’s answer. In the consolidated opinion, the Georgia Court of Appeals held that no qualifying order compelling discovery had been entered, so the statutory fee award could not stand. It also held that the parties had not received a meaningful opportunity to contest the sanction under the statute. The court reversed the fee award and the dependent contempt and answer-striking orders. It affirmed other portions of the judgment, including denial of a venue transfer, and found the service issue moot. This docket is a companion appeal covered by the same opinion and holdings.

Opinion

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