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RLBB Acquisition LLC v. Baer

The trial court did not abuse its discretion in dismissing the complaint with prejudice as a sanction for the plaintiff's failure to comply with a prior order compelling discovery.

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After a trial court granted defendant William Baer’s motion to compel plaintiff RLBB Acquisition, LLC “RLBB” to comply with Baer’s discovery requests, Baer moved for sanctions for RLBB’s failure to comply with the trial court’s order, including the dismissal of RLBB’s complaint. The trial court granted Baer’s motion for sanctions and dismissed RLBB’s complaint with prejudice. On appeal, RLBB argues that the trial court abused its discretion when it imposed the extreme sanction of dismissal because the evidence did not show that RLBB blatantly or willfully failed to comply with the court’s orders. We find no error and affirm.

“Trial courts have broad discretion to control discovery, including the imposition of sanctions. Absent the showing of a clear abuse of discretion, a court’s exercise of that broad discretion will not be reversed.” Freeman v. Foss, 298 Ga. App. 498, 499 2 680 SE2d 557 2009 citation omitted.

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