· 1/25/1999
Griffin Grading & Clearing, Inc. v. Tire Service Equipment Manufacturing Co.
Citations
- 511 S.E.2d 716
- 334 S.C. 193
- 1999 S.C. App. LEXIS 12
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating a trial judges selection of a sanction for discovery violations is within his discretion and will not be interfered with unless the trial judge abused that discretion
- stating any sanction imposed must \be aimed at the specific conduct of the party sanctioned and not go beyond the necessities of the situation to foreclose a decision on the merits of a case\
- affirming the circuit court's order striking defendant's answer when defendant \admitted at oral argument that the failure to comply with certain discovery in this case was 'indefensible' \ and had failed to comply with four prior orders from the court
- affirming the striking of the defendant's answer as a discovery sanction based on the defendant's egregious failure to comply meaningfully with four prior orders compelling discovery, even after being warned of the consequences of its failure to comply and after being assessed attorney's fees
- \This court will not interfere with that decision unless the trial court abused its discretion.\
- “Where the sanction would be tantamount to granting a judgment by default, the moving party must show bad faith, willful disobedience or gross indifference to its rights to justify the sanction.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Stilwell, Howell, Anderson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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