Allington Towers North, Inc. v. Weisberg
Allington Towers North, Inc. v. Weisberg
Opinion of the Court
These are consolidated appeals.
Upon survey of the record and consideration of the several briefs and arguments of counsel, we determine, with the exception hereafter noted, that no reversible error has been demonstrated.
In Case No. 82-709 the counterclaim of Allington Towers Condominium North, Inc., was dismissed with prejudice for the reason that its answers to interrogatories were deemed insufficient. There was no prior motion to compel. There was no prior order specifying the deficiencies and ordering the counterclaimant to file new answers. There was a verbal warning earlier given by the trial court at a hearing upon a
We affirm as to Case Nos. 82-338 and 82-769. We reverse and remand as to Case No. 82-709.
070rehearing
UPON MOTION FOR REHEARING
Appellants in Case No. 82-338 and appellee in Case No. 82-709 correctly point out in their Motion For Rehearing that this Court’s opinion filed August 10, 1983, was in error. While we reversed in Case No. 82-709, we affirmed in Case No. 82-338, even though the facts and situations were identical in the two cases. Accordingly, we harmonize our holdings by reversing Case No. 82-338 for the reasons stated in our initial opinion.
Having here corrected our opinion the Motion For Rehearing is
DENIED.
BERANEK, LETTS and WALDEN, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.