American Medical Security Group, Inc. v. Parker, 284 Ga. 102

Summary

The Supreme Court of Georgia held that an order finding a party in wilful contempt for violating a discovery order, while striking the party's answer and entering default judgment as to liability under OCGA § 9-11-37(b)(2)(C), was not directly appealable as a contempt judgment. Because the order was an interlocutory discovery-sanctions order rather than a criminal or civil contempt judgment, the Court affirmed dismissal of the appeal for failure to follow interlocutory-appeal procedures.

Holdings

1. An order imposing discovery sanctions under OCGA § 9-11-37(b)(2)(C) by striking an answer and entering default judgment as to liability is not directly appealable as a contempt judgment under OCGA § 5-6-34(a)(2) when it neither imposes a sanction available for criminal contempt nor attempts to coerce compliance as civil contempt would.
2. Because the underlying October 3 order was an interlocutory discovery-sanctions order and not a directly appealable contempt judgment, the November 2 order dismissing the unauthorized direct appeal was itself interlocutory and could be challenged only through the interlocutory-appeal procedures of OCGA § 5-6-34(b).

Questions Presented

1. Whether an order finding a wilful violation of a prior discovery order and imposing the sanctions of striking an answer and entering default judgment as to liability is directly appealable as a contempt judgment under OCGA § 5-6-34(a)(2).
2. Whether the trial court's dismissal of the notice of appeal was itself directly appealable or constituted an interlocutory order requiring compliance with OCGA § 5-6-34(b).

Disposition

affirmed