Maupin v. Vincent
Maupin v. Vincent
Opinion of the Court
The issues in this case are whether the trial court’s dismissal with prejudice of Walter Maupin’s counterclaim due to his failure to attend a pre-trial conference and the subsequent judgment in favor of Robert Vincent on his complaint were proper under Uniform State Court Rule 7.1 or Rule 14 or OCGA § 9-11-41 (b). We conclude that the trial court’s actions were an abuse of discretion and therefore reverse.
On October 1, 1998, Vincent filed a complaint against Maupin. Maupin filed an answer and asserted a counterclaim. The Fayette County State Court ordered all parties to appear at a pre-trial conference on September 9, 1999. Maupin failed to appear at the pre-trial conference, and as a result, the trial court dismissed his counterclaim with prejudice and entered judgment in favor of Vincent on his complaint in the amount of $12,065.33, plus post-judgment interest.
1. Did the trial court err in dismissing Maupin’s countérclaim with prejudice because of his failure to appear at a pre-trial conference? The trial court has authority to dismiss a counterclaim for fail
2. Maupin claims that the trial court abused its discretion by entering judgment in favor of Vincent on his complaint when Maupin failed to appear at the pre-trial conference. In Ambler v. Archer f the Supreme Court of Georgia addressed the question of appropriate sanctions for failure to appear at a pre-trial hearing. Less drastic sanctions, such as contempt and an award of attorney fees, are preferred over striking an answer because they allow the presentation of the merits of the case.
Judgment reversed.
OCGA § 9-11-41 (b), (c); see Peachtree Winfrey Assoc. v. Gwinnett County Bd. of Tax Assessors, 197 Ga. App. 226 (398 SE2d 253) (1990).
(Citation and punctuation omitted.) All South Mini Storage #2 v. Woodcon Constr. Svcs., 205 Ga. App. 393 (422 SE2d 282) (1992).
OCGA § 9-11-41 (b).
230 Ga. 281, 288 (1) (196 SE2d 858) (1973).
Id. at 289; Littrell v. Ghrist, 212 Ga. App. 465, 466 (442 SE2d 306) (1994).
(Punctuation omitted.) Ambler, supra at 289 (1).
Reference
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- MAUPIN v. VINCENT
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