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Herrman v. Cohen

The trial court did not abuse its discretion in failing to sua sponte enforce its order compelling discovery in the absence of a motion for sanctions under O.C.G.A. § 9-11-37 b.

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Ronald Cohen pled guilty to a federal indictment which charged him with conspiracy to conduct financial transactions knowing that the funds involved represented the proceeds of wire fraud in violation of 18 USC § 1343. Edward J. Herrman then filed a complaint in state court against Cohen seeking to set aside a contract, and alleging conversion and fraud arising out of the transactions for which Cohen was indicted. Cohen filed a motion for summary judgment, which motion the court granted.

On appeal Herrman contends that the trial court erred in granting Cohen’s motion for summary judgment. Herrman further contends that the court erred in failing to enforce an order compelling discovery and erred in characterizing Cohen’s motion for summary judgment as unopposed. We discern no error and affirm.

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