
    57758.
    COREY v. RENARD.
    Argued May 9, 1979
    Decided September 20, 1979
    Rehearing denied October 2, 1979
    
      Don M. Jones, for appellant.
    
      Ronald L. Hilley, for appellee.
   Smith, Judge.

We granted this interlocutory appeal to deal with the trial court’s imposing the sanction of default judgment against appellant-defendant. The court imposed that sanction under CPA § 37 (d) (Code Ann. § 81A-137 (d)), for appellant’s failure to answer interrogatories propounded by appellee Renard. However, appellant had timely filed a motion for a protective order concerning the interrogatories. The court never ruled upon appellant’s motion. While the protective order was pending, the entry of default judgment under CPA § 37 (d) was erroneous. See CPA § 37(d).

Judgment reversed.

Quillian, P. J., and Birdsong, J., concur.  