Legal Opinion
Lehtonen v. Clarke
Court of Appeals of Texas
Decided January 18, 1990No. A14-88-916-CV, C14-88-1026-CVPublishedCited by 13 opinions
1Opinion of the Court
OPINION
J. CURTISS BROWN, Chief Justice.
Tex.R.Civ.P. 215 (Vernon 1988) authorizes a trial court to levy sanctions on a party who obstructs the discovery process. Among available penalties are orders striking pleadings, dismissal of claims, and such other orders “as are just.” The difficulty in this case derives from the relationship between appellate jurisdiction and certain procedural steps taken at the trial level. May a trial court insulate itself from review by imposing sanctions that obstruct the taking of those steps? In our view the answer is no.
It is easier to explain the events below…
2Cases cited8 opinions
- Michael H. v. Gerald D.Supreme Court of the United States · 1989
- Jampole v. TouchyTexas Supreme Court · 1984
- Canadian Overseas Ores Limited, Plaintiff-Appellant-Cross-Appellee v. Compania De Acero Del Pacifico S.A., Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1984
- Lewis v. Illinois Employers Insurance Co.Texas Supreme Court · 1979
- Salvaggio v. Brazos County Water Control & Improvement District No. 1Texas Supreme Court · 1980
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Remington Arms Co., Inc. v. CaldwellTexas Supreme Court · 1993
- Johnson v. Smith, Texas Court of Appeals, 1st District (Houston)1993
- Kahn v. Garcia, Texas Court of Appeals, 1st District (Houston)1991
- Malone v. Emmert Industrial Corp.Court of Appeals of Texas · 1993
- Overall v. Southwestern Bell Yellow Pages, Inc.Court of Appeals of Texas · 1994
8 more not listed; retrieve them via the Exa API.