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WESTFALL FAMILY FARMS v. KING RANCH

No. 05-92-00262-CV.

852 S.W.2d 587 (1993)

WESTFALL FAMILY FARMS, INC., G. David Westfall, and Chris Westfall, Appellants, v. KING RANCH, INC., Appellee.

Court of Appeals of Texas, Dallas.

March 4, 1993.

Attorney(s) appearing for the Case

Charles W. McGarry, Dallas, for appellants.

Mikel J. Bowers, Andrews & Kurth, L.L.P., Dallas, for appellee.

Before BAKER, OVARD and ROSENBERG, JJ.

OPINION

BAKER, Justice.

This is a death penalty sanction case.1 The trial court granted King Ranch's motion to strike the Westfalls' answer and entered default judgment against the Westfalls. We conclude the trial court abused its discretion in entering a death penalty sanction before applying lesser sanctions. We reverse the trial court's judgment. We remand this cause for a new trial.

FACTUAL AND PROCEDURAL BACKGROUND...

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