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Sheppard v. Johnson

The trial court properly dismissed plaintiffs' renewal suit with prejudice based on her wilful and intentional violation of the court's numerous orders and warnings concerning her failure to comply with discovery rules.

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Joyce Sheppard appeals from the trial court order dismissing her complaint as a sanction for discovery abuses and entering judgment for the defendants, Glynn and Emmet Johnson, the executors of the estate of Frances R. Johnson. Finding no error, we affirm.

Trial courts have broad discretion to control discovery, including the imposition of sanctions, and will not be reversed in the absence of a clear abuse of discretion. Daniel v. Corporate Property Investors, 234 Ga. App. 148 505 SE2d 576 1998. Before a complaint may be dismissed as a sanction for discovery abuse under OCGA § 9-11-37, the trial court should engage in a two step process:

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