Felderhoff v. Knauf

ON APPLICATION FOR WRIT OF ERROR TO THE COURT OF APPEALS FOR THE SECOND DISTRICT OF TEXAS

We consider whether a plaintiff who has taken a nonsuit is precluded from complaining on appeal of monetary sanctions granted by the trial court before the dismissal. We hold that he is not.

Norbert Felderhoff filed suit contesting his mother’s will. Felderhoff’s sisters, 1 the beneficiaries and proponents of the will, moved for sanctions pursuant to Rule 215 of the Texas Rules of Civil Procedure 2 for abuse of the discovery process. After a hearing, Felderhoff was ordered to pay $20,000 as sanctions for…