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Riches to Rags Inc. v. McAlexander & Assocs. Inc.

Defendant's intentional and wilful refusal to respond to discovery in the plaintiff's breach of contract suit supported the trial court's dismissal of defendant's answer and counterclaim as a sanction.

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Over three years after McAlexander & Associates McAlexander filed suit against Riches to Rags, the trial court struck Riches to Rags’ answer and counterclaims for discovery abuses. On appeal, Riches to Rags contends that the trial court abused its discretion in so doing. We disagree and affirm.

The record demonstrates that McAlexander agreed to distribute Riches to Rags’ products, and Riches to Rags agreed to pay a 7 commission on goods sold. McAlexander contends that, in 1996, Riches to Rags failed to pay certain commissions, and McAlexander obtained an attorney who sent a demand letter to Riches to Rags. Stanley Atkins, who managed Riches to Rags, responded by writing a letter to the attorney denying that Riches to Rags owed any commissions. Atkins also wrote that

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