Schein v. American Restaurant Group, Inc.

The issue this court must decide is whether sanctions barring the introduction of certain evidence and documents for failure to timely respond to a discovery request survives a nonsuit. The trial court granted summary judgment for American Restaurant Group, Inc. (American Restaurant) based upon the applicability of sanctions imposed in an earlier suit. The Court of Appeals affirmed. 828 S.W.2d 307. We reverse the judgment of the Court of Appeals and remand the cause to the trial court for further proceedings.

J & B Cash Express (Cash Express) cashed one of American Restaurant’s checks.…