WAL-MART STORES, INC. v. BUTLER

No. 05-00-00053-CV.

41 S.W.3d 816 (2001)

WAL-MART STORES, INC., Appellant, v. Earnestine BUTLER, Appellee.

Court of Appeals of Texas, Dallas.

March 30, 2001.


Attorney(s) appearing for the Case

Scott A. Whisler, Grau & Bassett, P.C., Dallas, for Appellant.

James Russell Tucker, Dallas, for Appellee.

Before Justices LAGARDE, KINKEADE, and O'NEILL.


OPINION

O'NEILL, Justice.

This is a "death penalty" sanctions case. Appellant Wal-Mart Stores, Inc. appeals a judgment granted in favor of appellee Earnestine Butler after the trial court struck its answer. In a single issue, Wal-Mart asserts the trial court abused its discretion in ordering the death penalty sanction. For the following reasons, we reverse the trial court's judgment and remand for further proceedings consistent with this opinion.

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