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Duvall v. Duvall
124 Ga. App. 853
Ga. Ct. App.
1971
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Hall, Presiding Judge.

Defendant in a suit for false imprisonmem and malicious prosecution appeals from the order striking parts of her answer pursuant to Code Ann. § 81A-112 (f) (redundant, *854immaterial, impertinent or scandalous). The order was certified for immediate review.

Argued September 20, 1971 Decided November 15, 1971. J. Walter Cowart, for appellant. Joseph B. Bergen, for appellee.

Defendant contends that by striking these sections the court has deprived her of the opportunity to adequately defend against the harsh allegations of the complaint. We disagree. It is sufficient to say that the court did not abuse its discretion in ordering certain parts stricken. The remainder of the answer adequately covers all of the plaintiff’s allegations.

Judgment affirmed.

Bell, C. J., and Eberhardt, J., concur. Whitman, J., not participating because of illness.

Case Details

Case Name: Duvall v. Duvall
Court Name: Court of Appeals of Georgia
Date Published: Nov 15, 1971
Citation: 124 Ga. App. 853
Docket Number: 46589
Court Abbreviation: Ga. Ct. App.
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