A South Georgia judge has dismissed a bank’s suit seeking to collect $2 million from lenders, saying the bank hid evidence in discovery and refused to comply with a court order to produce documents.
"The court is aware that dismissal of plaintiff’s pleadings is an extreme sanction. However, plaintiff’s outright willful and intentional refusal to honor a court order is an extreme position," wrote Lanier County Superior Court Chief Judge Dane Perkins III in a May 30 order. The dismissal order found the bank’s refusal to produce loan documents in discovery a "willful, direct and flagrant abuse of the litigation process." The judge found the bank in bad faith and ordered payment of $105,692 in attorney fees for the defendant.
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