COX v. REALTY DEVELOPMENT CORP.

No. 05-87-00110-CV.

748 S.W.2d 492 (1988)

Robert W. COX, Sr. and Aetna Casualty & Surety Company, Appellants, v. REALTY DEVELOPMENT CORPORATION, et al., Appellees.

Court of Appeals of Texas, Dallas.

March 14, 1988.


Attorney(s) appearing for the Case

Richard H. Elliott, Dallas, for appellants.

Phillip W. Gilbert, Dallas, for appellees.

Before ENOCH, C.J., and HOWELL and HECHT, JJ.


HOWELL, Justice.

Appellants Robert W. Cox and Aetna Casualty and Surety Company appeal a final order of dismissal. The trial court ordered dismissal for discovery violations, specifically, Cox's failure to attend a scheduled deposition. Both appellants appeal their dismissal asserting that such a severe sanction was not justified for failure to attend a deposition, and was therefore an abuse of discretion. Both appellants complain of the lack of notice of the sanctions...

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