SAWYER v. MILLARD

No. D-3322.

849 S.W.2d 808 (1993)

Kelly Henry SAWYER, Relator, v. The Honorable Richard MILLARD, Judge, Respondent.

Supreme Court of Texas.

March 24, 1993.


Attorney(s) appearing for the Case

John Gano, Houston, for relator.

John P. Scott, Houston, Stephen R. Lewis, Jr., George W. Vie, III, Matt McCracken, Galveston, Richard Millard, Craig Smyser, Houston, J. Kevin Oncken, Austin, for respondent.


PER CURIAM.

After Kelly Sawyer failed timely to designate expert witnesses under an order granting a motion to compel responses to interrogatories, the trial court precluded Sawyer from calling or designating any experts. Sawyer subsequently took a voluntary nonsuit.

When Sawyer filed the present action alleging substantially the same claims, the defendants filed a motion to enforce the sanction from the previous suit. On October 19, 1992, the trial court...

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