North Druid Development, LLC v. Post, Buckley, Schuh & Jernigan, Inc.
330 Ga. App. 432
| Ga. Ct. App. | 2014Background
- NDD sued Post, Buckley for professional negligence in Cobb County; discovery disputes led Post, Buckley to seek dismissal with prejudice or a compelled discovery order.
- Post, Buckley filed motions and a September 2010 dismissal with prejudice was entered without a prior hearing on sanctions or a compelled-discovery order.
- NDD did not respond to the sanctions motion, but produced some documents after the motion was filed.
- On October 4, 2013, Lang, NDD’s former counsel, filed an affidavit in support of vacating the dismissal; the trial court struck this affidavit and limited the hearing to procedural grounds.
- The trial court later vacated the 2010 dismissal and reentered a dismissal with prejudice on October 11, 2013; NDD appealed challenging the withholding of merits and the sanction.
- The Georgia Court of Appeals vacated the dismissal, held the court abused its discretion by striking Lang’s affidavit without a merits hearing, and remanded for proceedings consistent with the opinion, including a hearing on the merits of the sanctions or a compelled-discovery order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by striking Lang’s affidavit and denying a merits hearing | NDD: trial court abused discretion by striking the affidavit and not hearing merits | Post, Buckley: hearing not required when parties fail to respond | Yes; court abused discretion and remanded for merits hearing |
| Whether the ultimate sanction of dismissal with prejudice was proper given due process | NDD contends sanction was improper absent a hearing and proper procedure | Post, Buckley argues sanction authorized and hearing unnecessary | Vacated; remanded for proper proceedings including a merits hearing |
Key Cases Cited
- Freeman v. Foss, 298 Ga. App. 498 (2009) (discovery sanctions discretion; two-step process cautioned)
- ASAP Healthcare Network v. Southwest Hosp. & Med. Center, 270 Ga. App. 76 (2004) (sanctions without hearing reversible error; need hearing)
- McConnell v. Wright, 281 Ga. 868 (2007) (two-step process; hearing required before ultimate sanction)
- Tenet Healthcare Corp. v. Louisiana Forum Corp., 273 Ga. 206 (2000) (sanctions require opportunity to explain willfulness)
- Schrembs v. Atlanta Classic Cars, 261 Ga. 182 (1991) (hearing may be unnecessary if party already had opportunity to explain)