Legal Opinion

GARCIA DISTRIBUTING, INC. v. Fedders Air Conditioning, USA, Inc.

Texas Court of Appeals, 4th District (San Antonio)

Decided July 19, 1989No. 04-88-00430-CVPublishedCited by 2 opinions

1Opinion of the Court

OPINION

BISSETT, Justice (Assigned).

The question to be resolved in this appeal is whether the trial court abused its discretion in striking Garcia Distributing, Inc.’s and Eddie Garcia’s claims for fraud and for actual damages because of discovery abuse. We answer the question in the negative.

The appellants Garcia Distributing, Inc. and Eddie Garcia, in their brief, offered this Court approximately thirteen pages of factual statements (thirteen references to be exact, several of which refer to the identical page and volume of the transcript or the statement of facts, as the case may be). Some…

2Cases cited14 opinions

  1. Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
  2. Bodnow Corp. v. City of HondoTexas Supreme Court · 1986
  3. City of Houston v. Arney, Texas Court of Appeals, 1st District (Houston)1984
  4. Southern Pacific Transportation Co. v. EvansCourt of Appeals of Texas · 1979
  5. Medical Protective Co. v. Glanz, Texas Court of Appeals, 13th District1986

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3Cited by2 opinions

  1. White v. BathCourt of Appeals of Texas · 1992
  2. Braden v. South Main BankCourt of Appeals of Texas · 1992

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