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Revels v. Wimberly
Citations: 223 Ga. App. 407; 477 S.E.2d 672; 96 Fulton County D. Rep. 3912; 1996 Ga. App. LEXIS 1175Docket: A96A2235
Court: Court of Appeals of Georgia; October 30, 1996; Georgia; State Appellate Court
The appeal addresses the trial court's severe discovery sanctions against Stephanie Revels, including the striking of her complaint and the entry of a default judgment in favor of Kenneth Wimberly on his counterclaim. Wimberly's counterclaim alleged that Revels failed to make agreed payments for a jointly purchased 1994 Lexus. After Revels did not respond to discovery requests for five months, Wimberly moved for sanctions, to which Revels did not respond. The court issued sanctions in July 1995, and Revels only contested this decision in November 1995, citing her attorney's personal business as the reason for the lack of response. The trial court denied her motion for reconsideration in January 1996. Revels eventually filed her discovery responses in March 1996, requesting to set aside the sanctions and the default judgment, but the court denied these motions as well. The court ruled that no trial was necessary on Wimberly's counterclaim since the damages were liquidated due to Revels' default, which admitted her obligation to make the payments. Revels’ appeal did not provide adequate legal authority to support her claims of error in the trial court's actions regarding the sanctions, and her brief failed to comply with court rules. The trial court’s imposition of sanctions was deemed justified due to Revels’ willful refusal to answer discovery requests, and thus, the court's refusal to grant her motions to reconsider and reopen the default judgment was also upheld. Revels' argument to 'reopen' the trial court’s default judgment was dismissed as unfounded. The trial court correctly awarded final judgment for 12 payments of $980.83, as this amount was established due to Revels' default on a contractual obligation. The court has the authority to determine damages in default judgments without a jury when damages are liquidated. The appeal was deemed frivolous due to the absence of persuasive legal authority or arguments supporting Revels' position, indicating that reversal was unlikely. Additionally, Revels' attorney, Gordon L. Joyner, failed to appear for oral arguments without prior notification, resulting in a $1,000 penalty against him, with judgment to be entered in favor of Kenneth Wimberly. The trial court's mention of 'unliquidated damages' was noted as a typographical error. The judgment was affirmed with concurrence from Beasley, C. J. and Birdsong, P. J.