De La Garza v. Express-News Corp.

OPINION

BUTTS, Justice.

This is an appeal from an order of dismissal imposed pursuant to TEX.R.CIV.P. 215(2)(b).

Appellants Rudy and Johnnie De La Garza sued the Express-News Corporation, newspaper publisher in San Antonio, and its reporter, Jacque Crouse, for libel. Other defendants at the trial level are not parties in this appeal. This case was severed, and the judgment made final.

In May, 1985, after answering the lawsuit, appellees filed and served interrogatories and request for production upon appellants. When no responses to either were made, a motion to compel answers was filed and set…