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CITY OF DALLAS v. ORMSBY

No. 07-94-0102-CV.

904 S.W.2d 707 (1995)

CITY OF DALLAS, Appellant, v. Helen ORMSBY, Surviving Spouse of James Oren Ormsby; James C. Ormsby and Vernon Lee Ormsby, Surviving Sons of James Oren Ormsby; Pamela Ormsby Grossman and Sharon Ormsby Stanford, Surviving Daughters of James Oren Ormsby; and Augusta Belle Ormsby, Surviving Mother of James Oren Ormsby, Appellees.

Court of Appeals of Texas, Amarillo.

Order Overruling Motion for Rehearing June 23, 1995.

Attorney(s) appearing for the Case

Office of City Atty., John Kirby, Asst. City Atty., Dallas, for appellant.

Wright and Associates, Michael Kelly, Grand Prairie, for appellees.

Before REYNOLDS, C.J., and BOYD and QUINN, JJ.

BOYD, Justice.

In seven points of error, the City of Dallas (the City) asserts the trial court erred in awarding appellees (the Ormsbys) attorney's fees as a sanction for failing to comply with discovery requests. For reasons stated below, we affirm the judgment of the trial court.

The suit underlying the sanctions award arose from an automobile accident which occurred on a road owned and maintained by the City. Included in the theories upon which the Ormsbys...

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