Legal Opinion

In Re Harvest Communities of Houston, Inc.

Texas Court of Appeals, 4th District (San Antonio)

Decided July 31, 2002No. 04-02-00410-CVPublishedCited by 22 opinions

1Opinion of the Court

Opinion by

PHIL HARDBERGER, Chief Justice.

Harvest Communities of Houston, Inc. d/b/a Harvest Communities of Hondo (“Harvest”) seeks mandamus relief from an order striking its expert Dr. Larry Watson from testifying. 1 We do not condone the behavior of Harvest’s counsel, Jay Hirsch. We also agree with the trial court that Hirsch’s actions are sanctiona-ble, but we conditionally grant the writ because striking Dr. Watson’s testimony was a death penalty sanction, and the trial court made no effort to remedy the situation with a lesser sanction.

BACKGROUND

Joey Mennella is mentally retarded and is a…

2Cases cited4 opinions

  1. TransAmerican Natural Gas Corp. v. PowellTexas Supreme Court · 1991
  2. Revco, D.S., Inc. v. Cooper, Texas Court of Appeals, 8th District (El Paso)1994
  3. Beavers v. Beavers, Texas Court of Appeals, 5th District (Dallas)1984
  4. Taylor v. HicksCourt of Appeals of Texas · 1985

3Cited by22 opinions

  1. Scott Bader, Inc. v. Sandstone Products, Inc., Texas Court of Appeals, 1st District (Houston)2008
  2. Chavers v. Epsco, Inc.Supreme Court of Arkansas · 2003
  3. Taylor v. HinkleSupreme Court of Arkansas · 2004
  4. Farm Credit Midsouth, PCA v. Reece Contracting, Inc.Supreme Court of Arkansas · 2004
  5. Jaramillo v. AdamsCourt of Appeals of Arkansas · 2007

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