CITY OF SAN ANTONIO v. FULCHER

No. 04-87-00324-CV.

749 S.W.2d 217 (1988)

CITY OF SAN ANTONIO, Appellant, v. Thomas J. FULCHER, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied April 28, 1988.


Attorney(s) appearing for the Case

Paula Dlugosz, Asst. City Atty., San Antonio, for appellant.

Robert I. Kahn, Seely & Kahn, San Antonio, for appellee.

Before CADENA, C.J., and ESQUIVEL and DIAL, JJ.


OPINION

DIAL, Justice.

This is a case of first impression. The issue we must address is whether the TEX. R.CIV.P. 215(5) sanction, which prohibits the presentation of evidence where a party fails to supplement discovery, applies in a situation where the plaintiff fails to supplement requested discoverable information which is not favorable to his case. We hold that the sanction does apply but that any error committed here was harmless.

FACTS

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