REMINGTON ARMS CO., INC. v. CANALES

No. D-1867.

837 S.W.2d 624 (1992)

REMINGTON ARMS COMPANY, INC., Relator, v. The Honorable Terry A. CANALES, Respondent

Supreme Court of Texas.

September 23, 1992.


Attorney(s) appearing for the Case

William W. Kilgarlin, Austin, B. Lee Ware, Paul E. Stallings, Don Jackson, Paul S. Wells, Houston, Franklin S. Spears, San Antonio, Russell H. McMains, Jorge C. Rangel, Corpus Christi, Deborah Boden Clinebell, Houston, for relator.

Richard Miller, Springfield, Mo., Steven D. Naumann, Robart A. Chaffin, Dennis C. Reich, Houston, Jaime Omar Garza, Charles Lee Barrera, Alice, for respondent.


OPINION

DOGGETT, Justice.

We consider whether the trial court abused its discretion in failing to permit the late filing of objections to a discovery request. Concluding that the unusual facts before us establish that a dilatory response should have been permitted, we conditionally grant the writ of mandamus.

In the underlying class action addressing the safety of the Model 700 rifle, its manufacturer, Remington Arms Company, failed to reply within...

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