Ebeling v. Gawlik

PEDEN, Justice.

Plaintiff appeals from a trial court judgment which struck his pleadings and dismissed his cause of action. The judgment recited that the plaintiff had failed to comply with a previous order of the court to make full and complete answers to interrogatories filed under Rule 168, Texas Rules of Civil Procedure.

The record before us consists of a transcript only. The appellant complains that the trial court erred 1) in finding that the appellant failed to comply with the order of the court and 2) in ordering the plaintiff’s pleadings stricken and dismissing this cause.

The plaintiff…