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Miranda v. Stewart

The trial court erred in finding that it had no jurisdiction over the plaintiffs' O.C.G.A. § 9-11-60 g motion to set aside the dismissal of their case because the term of court in which it entered the dismissal order had expired, as such a motion may be brought at any time.

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Olga Maria Miranda and Luz Sulay Solano Monge appeal from the trial court’s order denying their motion to set aside the dismissal of their case for failure to respond to discovery. Because the trial court erred in holding that it could not set aside the judgment outside the term of court in which it was entered, we vacate the order denying the motion to set aside and remand for further proceedings consistent with this opinion. In July 2006, Miranda and Solano filed suit against appellee Aaron Stewart, seeking damages for personal injuries arising out of an automobile accident in August 2004. With his answer, Stewart served interrogatories and requests for production.

On February 5, 2007, appellee filed a motion to compel, alleging that appellants had failed to respond to discovery or request an extension of time to respond. Appellants did not respond to the motion. On February 12, 2007, the trial court entered an order granting the motion to compel. This order gave appellants ten days to respond to the discovery. On February 26, 2007, discovery was extended for two months by consent order, but appellants still did not respond to the discovery requests. On March 16, 2007, appellee moved for sanctions for failure to comply with the February 12 order. On March 26, 2007, the trial court granted the motion for sanctions and dismissed appellants’ complaint.

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