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Cameron v. Miles

The trial court abused its discretion in granting the plaintiff's motion to strike the answer and counterclaim of the defendant based solely on the defendant's failure to respond to it.

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Marion Cameron and Cameron & Miles, P.C. appeal the trial court’s grant of a motion to strike their answer and counterclaim, as well as the court’s decision to award attorney fees to Monica Miles. For the reasons noted infra , we reverse the trial court’s grant of the motion to strike and vacate and remand on the issue of attorney fees. The record shows that Monica Miles sued Marion Cameron and Cameron & Miles, P.C. collectively “Cameron”, seeking dissolution of a corporation; alleging breach of the covenant of good faith and fair dealing, breach of fiduciary duty, stubborn litigiousness; and requesting attorney fees. Cameron answered and filed a lengthy counterclaim with numerous allegations. The parties thereafter engaged in discovery, and Miles eventually filed a motion to compel, contending that Cameron refused to respond to discovery requests.1 Cameron opposed the motion to compel and later sought to extend the discovery period by 90 days.

Miles opposed Cameron’s motion to extend discovery and filed a motion to strike Cameron’s answer and counterclaim, in which she also sought attorney fees. Cameron did not file a response to Miles’s motion to strike, though she did respond to another outstanding motion and requested that the case be placed on the trial court’s next available hearing calendar to address various pending motions.

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