Tri-M Erectors, Inc. v. Clearwater Constructors, Inc.

JONES, Justice.

Tri-M Erectors, Inc. (Tri-M), plaintiff below, appeals from a final judgment ordering its case dismissed with prejudice as a discovery sanction after it had filed a voluntary notice of nonsuit. Appellee is Clearwater Constructors, Inc. (Clearwater), defendant below. We will affirm the judgment of the trial court.

In 1987, Tri-M sued Clearwater for breach of contract. On September 1, 1988, Clearwater gave notice to Tri-M of its intention to take the depositions of Duane May Sr., John May, and Duane May Jr. on September 19, 1988. Only Duane May Sr. appeared at the designated time…