Cox v. Realty Development Corp.

HOWELL, Justice.

Appellants Robert W. Cox and Aetna Casualty and Surety Company appeal a final order of dismissal. The trial court ordered dismissal for discovery violations, specifically, Cox’s failure to attend a scheduled deposition. Both appellants appeal their dismissal asserting that such a severe sanction was not justified for failure to attend a deposition, and was therefore an abuse of discretion. Both appellants complain of the lack of notice of the sanctions hearing where dismissal was pronounced. Finally, appellant Aetna urges that the dismissal as to it was an abuse of discretion…