Palmer v. Cantrell

OPINION

JACK SMITH, Justice.

In a single point of error, Palmer appeals from an order granting Cantrell’s motion to dismiss on the basis of failure to comply with discovery requests. Although the order did not state that the action was being dismissed with prejudice, because the applicable statute of limitations on Palmer’s cause of action is expired, the dismissal without prejudice is tantamount to a dismissal with prejudice. See Kilgarlin, Sanctions for Discovery Abuse Under New Rule 215, 15 St. Mary’s L.J. 767, 801 (1983).

On February 17, 1987, Cantrell filed a motion to dismiss that asserted…