DANNY E. GILLIAM
FRANCES A. BLANKENBECLER
Session August 8, 2017
from the Circuit Court for Washington County No. 35366 Jean
A. Stanley, Judge.
case involves the dismissal, on the basis of res judicata, of
the plaintiff Danny Gilliam's breach of contract case
against the defendant Frances Blankenbecler. In an earlier
case involving the same parties, the trial court dismissed
the plaintiff's complaint based upon his failure to
comply with the court's order to provide discovery
responses. The order of dismissal in that first case did not
state whether the dismissal was with or without prejudice.
After the plaintiff refiled the same case, the trial court
dismissed the case on the basis of res judicata. The
plaintiff appeals. We affirm.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Court Affirmed; Case Remanded
C. Jessee, Johnson City, Tennessee, for the appellant, Danny
Douglas J. Carter and Adam J. Haselsteiner, Johnson City,
Tennessee, for the appellee, Frances A. Blankenbecler.
Charles D. Susano, Jr., J., delivered the opinion of the
court, in which Richard H. Dinkins and Thomas R. Frierson,
II, JJ., joined.
CHARLES D. SUSANO, JR., JUDGE.
plaintiff and defendant entered into an oral agreement to
jointly purchase real property. The defendant allegedly
failed to pay his share of the down payment and failed to
contribute his share of mortgage payments and repairs. The
plaintiff filed a breach of contract action alleging that the
defendant had breached their oral contract and the terms of
the purchase and sales agreement for the property.
the course of the first case, the defendant filed a motion to
compel discovery. The court granted the motion and ordered
the plaintiff to provide discovery responses within fifteen
days. The plaintiff failed to provide the court-ordered
37.02 governs sanctions for failure to comply with a
discovery order. The rule states, in pertinent part, as
If a . . . party . . . fails to provide or permit discovery .
. . the court in which the action is pending may make such
orders in regard to the failure as are just, and among others
(C) An order . . . dismissing the action or proceeding or any
part thereof, or rendering a judgment by default against ...