Paradigm Oil, Inc. v. Retamco Operating, Inc.

Texas Rule ’ of Civil Procedure 215.2(b)(5) authorizes a trial court to render a default judgment against a defendant for discovery abuse, justice and due process permitting. Commonly known as the death-penalty sanction, it is the remedy of last resort.

Discovery abuse in this case caused the trial court to strike the defendants’ answer and render a default judgment. In addition to striking the defendants’ answer, the discovery sanction also barred the defendants from contesting the plaintiffs damages. Because these damages were unliquidated, however, the plaintiff was required to prove them…