Patricia McCAIN, Individually and as Next Friend of Cathey Wright, an Incompetent Person, and Jason Wright, a Minor Child; Michael K. Russell; and Robert L. Crill, Appellants,
v.
NME HOSPITALS, INC., d/b/a Dallas Rehabilitation Institute; Bruce F. Howell, Individually and as a partner in Dean & Howell; Dean & Howell; Kevin Keith, Individually and as a Partner in Bailey & Williams; and Bailey & Williams, Appellees.
Court of Appeals of Texas, Dallas.https://leagle.com/images/logo.png
May 3, 1993.
May 3, 1993.
Attorney(s) appearing for the Case
Charles W. McGarry, Michael K. Russell, Law Offices of Arlene D. Bynum, Dallas, TX, for appellants.
Russell W. Schell, Lori B. Wiese, Schell, Nicholas, Thompson, Beene & Vaughan, L.L.P., Dallas, for NME Hospitals, Inc. d/b/a Dallas Rehabilitation Inst.
R. Brent Cooper, Scott A. Whisler, Michael W. Huddleston, Cowles & Thompson, Shannon R. Foster, Forbes & Calabrese, Ben H. Tompkins, Dallas, for Kevin Keith, Bailey & Williams, et al.
Before BAKER, LAGARDE and WHITTINGTON, JJ.
Court of Appeals of Texas, Dallas.
OPINION
BAKER, Justice.
This is a death penalty sanction case.1 The trial court dismissed appellants' cause of action with prejudice under rule 13 of the Texas Rules of Civil Procedure.2 We conclude the trial court abused its discretion in ordering sanctions. We sustain appellants' sixth and eighth points of error. We reverse the trial court's judgment. We remand this cause for further proceedings...
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