Guethlein v. Family InnAnnotate this Case
Plaintiff rented an apartment from Defendant, a residential hotel. After Plaintiff’s tenancy terminated, she filed suit against Defendant for failing to return her $500 security deposit within thirty days. During the discovery process, Defendant failed to provide informal or formal discovery, resulting in entry of an order compelling discovery and granting Plaintiff her attorney fees as a sanction against Defendant. Plaintiff subsequently filed a motion for sanctions due to Defendant's continued failure to provide discovery. After a hearing at which Defendant did not appear, the court granted the motion for sanctions and entered judgment in favor of Plaintiff. Defendant filed a motion for relief from judgment, which the justice court denied. Defendant filed a notice of appeal, which Plaintiff moved to dismiss, contending that the notice of appeal was not timely filed and that, although the judgment had already been satisfied, Defendant’s failure to file an undertaking required dismissal. The district court granted the motion to dismiss. The Supreme Court reversed, holding that the notice of appeal was timely filed and that no undertaking was required due to the satisfaction of judgment. Remanded.