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Posted by on Dec 5, 2016 in Uncategorized | 0 comments

Gwinnett County Judge Awards Attorney’s Fees Against GA Real Estate Agent for Discovery Violations.

A Gwinnett County judge awarded attorney’s fees against a Georgia real estate agent and her company for discovery violations. In her three-page order, Judge V.E Head of the Gwinnett County Superior awarded attorney’s fees against Twyona Daniels and Access Realty Atlanta, LLC (Defendants) for failing to respond to discovery in a timely manner and for providing deposition testimony without providing a Notice of Deposition.

The first violation happened when the Defendants failed to respond to discovery requests within the alloted time, and the Plaintiff gave the Defendants additional time to respond, but the Defendants still failed to respond within that time, prompting the Plaintiff to file a motion for sanctions. The second violation happened when the Defendants asked to depose the Plaintiff, and a deposition date was set, followed by a Notice of Deposition that was filed by the Defendants. On the day of Plaintiff’s deposition, the Plaintiff was present, as well as Defendants’ attorney and Defendant Tywona Daniels. The Defendants did not file a notice of deposition for Defendant Tywona Daniels; nor did Defendants’ attorney provide notice to the Plaintiff that Defendant Tywona Daniels would be deposed.

After the ┬ádeposition of the Plaintiff concluded, the Defendants’ attorney turned to the Defendant, swore her, and asked her questions, over Plaintiff’s attorney’s objection. The Defendants’ attorney now said that the Plaintiff’s attorney is not allowed to ask Defendant Tywona Daniels any questions. An argument followed, and Defendants’ counsel said, “This is craziness. I’m out of here.” The Plaintiff filed a motion to quash the deposition of Tywona Daniels, which was granted by the Judge. The Judge also awarded attorney’s fees for both violations.

The Plaintiff is represented by Akins Doherty, and the Defendants are represented by William Arroyo. Below is a copy of the Order.

http://akinsdohertylaw.com/wp-content/uploads/2016/12/2016_12_05_13_02_26_Order-on-Discovery-Motions_Green-v-Daniels.pdf