Default based on failure to complete discovery is over-turned in Court of Appeals
Ronald Grant and Raymona Viano lived together and commingled their finances for a number of years before things fell apart. Eventually they ended up in Court, arguing over "converted" assets and mis-use of a power of attorney. The Court defaulted the plaintiff for failing to timely file discovery answers, but the higher court reversed, holding that the Court did not adequately document its consideration of lesser sanctions. It deemed the refusal to allow the offending party to testify at a damage hearing an abuse of discretion and overly harsh.