Gary Harris “Harris” sued Mary Etta Washington “Washington” for failure to pay alleged debts evidenced by a promissory note. On appeal, Washington contends that the trial court erred in ordering her answer stricken and entering judgment against her in the amount of $50,000 for failure to appear at her deposition under OCGA § 9-11-37 d without conducting a hearing and not expressly finding wilfulness. Washington further contends that the trial court erred at the non-jury trial of the case by considering her liability on the note in addition to the issue of damages—this, for want of notice as to the issue of liability. We disagree and affirm.
The record shows that Washington answered a suit on a promissory note for debts totaling $50,000 filed by Harris, her former boyfriend. Washington was thereafter served with notice to take her deposition and a request to produce certain documents. By consent of the parties, the taking of the deposition and the request for production were rescheduled. Washington thereafter failed to appear. There was no motion to compel discovery; however, Harris moved for sanctions, and, without conducting a hearing because no response was filed, the trial court ordered Washington’s answer stricken and granted default judgment against her. Following a hearing on a motion to reconsider or set aside judgment, the trial court later modified its order, among other things expressly finding that Washington wilfully refused to attend the deposition and vacating the judgment against Washington as to damages only. Notwithstanding default judgment against Washington remaining on the issue of liability, at the non-jury trial of the case, Washington appearing pro se, the trial court considered the issue of her liability on the note as well as the question of the damages due Harris. After doing so, the trial court entered judgment against Washington in the amount of $50,000.00 and, further finding her defense substantially frivolous, groundless and vexatious, awarded Harris $12,443.31 as attorney fees and expenses of litigation under OCGA § 9-15-14. Held:
