Cagle v. Fennel

Jack Holt, Jr., Chief Justice.

The sole issue in this appeal is whether the trial court erred in dismissing appellant Evelyn Cagle’s personal injury suit with prejudice under ARCP Rule 37(d) after Cagle twice failed to attend scheduled depositions and further failed to pay certain costs and fees charged against Cagle for the discovery violations. Finding no abuse of discretion, we affirm.

On June 10, 1987, Cagle filed suit against appellee Joe Fennel, d/b/a Jose’s Bandito Club, Inc. Subsequently, she was notified that a deposition of her testimony was scheduled for September 14, 1987. Cagle did…