Nos. C-4407, C-5649.

746 S.W.2d 471 (1988)

Garry LUNSFORD and Robert Dail, Relators, v. Hon. Joseph B. MORRIS, Judge, 101st District Court, Respondent.

Supreme Court of Texas.

Rehearing Denied March 30, 1988.

Attorney(s) appearing for the Case

Ronald D. Hinds, Dallas, for relators.

Robert R. Roby, Gwinn & Roby, Bruce W. Bowman, Jr., Vial, Hamilton, Koch & Knox, Dallas, Robert R. Estes, Fort Worth, Wayne E. Lee, Dallas, for respondent.


At issue in this mandamus proceeding is whether a defendant's net worth is subject to pre-trial discovery. We hold that such information is relevant to the issue of punitive or, as they are sometimes called, exemplary damages and therefore discoverable under Tex.R.Civ.P. 166b(2). Consequently, we conditionally grant relators' petition for writ of mandamus.

In the underlying case, relators Lunsford and Dail sued their former employer and...

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