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GTE COMMUNICATIONS SYSTEMS CORP. v. CURRY

No. 04-91-00465-CV.

819 S.W.2d 652 (1991)

GTE COMMUNICATIONS SYSTEMS CORP., Relator, v. The Honorable Peter Michael CURRY, Respondent.

Court of Appeals of Texas, San Antonio.

November 13, 1991.

Attorney(s) appearing for the Case

Ruth Greenfield Malinas, J. Michael Ezzell, Ball and Weed, Thomas H. Crofts, Jr., Crofts, Callaway & Jefferson, San Antonio, for relator.

Pat Maloney, Jr., Law Offices of Pat Maloney, P.C., Rene R. Barrientos, Law Offices of Rene R. Barrientos, Timothy Patton, Pozza & Patton, San Antonio, for respondent.

Before REEVES, C.J., and BIERY and CARR, JJ.

OPINION

BIERY, Justice.

This is an original proceeding in which relator, defendant below (GTE), asks this Court to issue a writ of mandamus directing the trial court to rescind its sanctions order which struck GTE's pleadings and imposed a fine of $150,000 as attorney fees to be paid on entry of final judgment.

The suit arises out of a fatal accident. A pay telephone was affixed to the outside wall of...

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