PLODZIK v. OWENS-CORNING FIBERGLAS CORP.

No. 12518.

549 S.W.2d 52 (1977)

Edward W. PLODZIK, Appellant, v. OWENS-CORNING FIBERGLAS CORPORATION, Appellee.

Court of Civil Appeals of Texas, Austin.

March 23, 1977.


Attorney(s) appearing for the Case

Jay J. Madrid, David A. Miller, Matthews, Matthews, Sechrist & Madrid, Dallas, for appellant.

Adrian M. Overstreet, Jr., Law Offices of Don L. Baker, Austin, for appellee.


PHILLIPS, Chief Justice.

The question for decision is whether the trial court abused its discretion in striking appellant's pleadings and granting appellee default judgment where appellant had no notice of an order to compel answers on oral deposition (or have his pleadings stricken and default judgment entered against him), until such time as compliance therewith had passed.

We answer the question in the affirmative and reverse the judgment of the trial court...

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