Exigence, LLC v. Courtney Baylark

Summary

The court reversed the sanctions order striking Exigence’s answer and entering a default judgment on liability. It held that the discovery order was not effective until entered, making compliance by the stated deadline impossible, and that the circuit court had not yet made a final determination regarding privilege before ordering production. The court did not reach the merits of Exigence’s challenge to the trial judge’s authority because that argument was not preserved and had not been ruled on below. Justice Hannah concurred on the result but relied on the order’s lack of specificity and the absence of extreme misconduct, while Justice Brown concurred but would have stricken disrespectful language from Exigence’s briefs.