Westside Golf & Country Club, Inc. v. City of Lawton
Westside Golf & Country Club, Inc. v. City of Lawton
Opinion of the Court
The Appellant (plaintiff below) appeals the District Court’s entry of judgment under 12 O.S.1971, § 549(c) for failure of Appellant to answer interrogatories. We find no error and affirm.
The Appellant sued the Appellee for breach of an agreement to convey real property. On July 30, 1976 the Appellee sent interrogatories to the Appellant on
The Supreme Court recently sustained the entry of a default judgment for failure to answer interrogatories in three actions consolidated on appeal. Nu-Pro, Inc. et al. v. G. L. Bartlett & Co., Inc. et al., Okl.Ct.App., 48 OBAJ 2631 (1977). The only distinction between Nu-Pro and the instant case is that in Nu-Pro the parties had been ordered to answer or answer further “on more than one occasion.” Nu-Pro, supra, 48 OBAJ at 2632.
But this distinction does not call for a different result. The interrogatories were six (6) in number
Appellant argues that the sanction imposed should require a showing that the failure to answer was wilful or intentional. These facts would clearly be relevant in guiding a trial court in its discretion but the statute does not so require and the federal cases cited under an analogous rule all relied on a federal rule which at that time, but so no longer, limited sanctions to situations where the failure was wilful. See Advisory Committees Comments to the 1970 Revision of Fed.R.Civ.Pro. 37(d), 28 U.S.C. In any event we do not find a proffered justification for Appellant’s failure to respond.
The entry of a default judgment is a harsh remedy which is not favored. But unwarranted and potentially contumacious delay is also not favored. The District Court was patient, gave notice, and carefully exercised its discretion. We cannot say this exercise of discretion was injudicious or abused.
The judgment is affirmed.
AFFIRMED.
.The following are all the interrogatories:
1. Was the purported agreement concerning the conveyance of the property subject to this lawsuit in writing or oral?
2. What are the names of the parties alleged to be the agents and employees of the defendant, City of Lawton who entered into the above mentioned agreement.
3. Who were the persons representing the Plaintiff, Westside Golf and Country Club, in negotiating and consummating the purported agreement in this case.
4. What were the terms of the purported agreement entered into between the City of Lawton and the Westside Golf and Country Club, in particular what materials and services were to be provided by the City of Lawton to the Westside Golf and Country Club.
5. Were any services performed or materials provided pursuant to the alleged agreement. If so, what materials or services and upon what dates were they provided.
6. Was an appraisal of the property deeded to the City on March 21, 1969, made by any person and if so by what person and in what amount was the appraisal.
. The District Courts are encouraged to carefully consider the wide range of sanctions provided in 12 O.S.1971, § 549. The Legislature clearly intends that flexibility be used to achieve compliance with discovery requests. Since the choice of sanction is intimately related to the facts of each case wide discretion, implying wide responsibility, rests with the District Court.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.