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DANIEL v. WEINER

No. 6907.

604 S.W.2d 494 (1980)

Robert Stokes DANIEL, III, Appellant, v. Sarah R. WEINER, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied September 3, 1980.

Attorney(s) appearing for the Case

Calhoun, Morton, Deason & Preslar, Cliff Preslar, El Paso, for appellant.

Scott, Hulse, Marshall & Feuille, Schuyler B. Marshall, George W. Finger, El Paso, Thomas R. Beech, Houston, for appellee.

OPINION

STEPHEN F. PRESLAR, Chief Justice.

This appeal is from the trial Court's order overruling Appellant's motion for a new trial based on jury misconduct. We affirm the judgment of the trial Court.

In this case, a deposition was inadvertently taken into the jury room in contravention of Rule 281, Tex.R.Civ.P. That rule, which provides that the jury may take with them in their retirement for deliberation...

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