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Page v. Mandel11/19/2002
ing this conclusion, we understand the trial court's frustration and its ultimate decision to strike and dismiss plaintiff's amended complaint with prejudice in the present case. However, since there is no evidence in the record that the trial court considered lesser sanctions in the present case, we must vacate the trial court's order of 16 February 2000 and remand the case for a determination of whether lesser sanctions are appropriate in this case.
We have reviewed plaintiff's remaining assignment of error and find it to be without merit.
We affirm the 8 December 1999 order of the trial court. We vacate the 16 February 2000 order of the trial court and remand for a determination of whether lesser sanctions are appropriate.
Affirmed in part; vacated and remanded in part.
Judges WALKER and HUNTER concur.
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