· 1/8/1997
Loftin v. Gulf Contracting Co.
Citations
- 480 S.E.2d 604
- 224 Ga. App. 210
- 97 Fulton County D. Rep. 83
- 1997 Ga. 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.
- vacating sanctions because appellant was not allowed a meaningful opportunity to explain his actions at a hearing
- vacating sanctions because appellant was not allowed a meaningful opportunity to explain his actions at a hearing
- Before imposing the ultimate sanction, the trial court must afford the party against whom sanctions are sought an opportunity to explain the relevant circumstances.
- trial court abused its discretion when, at hearing on sanctions motion, it refused to allow the offending party to explain the reasons for his failure to comply with discovery
- drastic sanctions are appropriate for wilful or conscious disregard of an order compelling discovery
- A party’s conscious or intentional failure to act may constitute the necessary wilfulness
Source: CourtListener parenthetical corpus (CC0).
Judges: Birdsong, Beasley, Blackburn
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.