Black v. Texas Department of Labor & Standards

Pursuant to the Health Spa Act, Tex. Rev.Civ.Stat.Ann. art. 5221Z (Vernon 1987 & Supp.1992), the Texas Department of Labor and Standards brought suit to enforce the obligations of American Savings Bank, the surety on a letter of credit secured by Anna Black. The trial court rendered judgment in favor of the Department, and the court of appeals affirmed. 816 S.W.2d 496 (Tex.App.1991).

Black contended on appeal that the trial court erred in permitting the Department to offer documentary evidence at trial not timely identified in response to a proper interrogatory. The court of appeals concluded…