Hogan v. Beckel

OPINION

CADENA, Chief Justice.

Plaintiff, Lou Ann Hogan, whose suit to recover damages for libel and slander was *308dismissed with prejudice because of her failure to appear for a deposition, now seeks reinstatement of her suit. She argues that the dismissal with prejudice constituted an abuse of the trial court’s discretion.

Plaintiffs suit was filed on March 9, 1988. On Thursday, April 14, 1988, after 4:00 p.m., defendants delivered to the office of plaintiff’s counsel their original answer and a notice that the deposition of plaintiff and her husband would be taken the following Monday, April…