Pelt v. Johnson

VANCE, Justice.

Relators seek a writ of mandamus requiring the Honorable Derwood Johnson, presiding judge of the 74th District Court, McLennan County, to vacate an order striking the Relators’ pleadings. Following the guidelines for appellate review of “death-penalty” discovery sanctions enunciated by the Supreme Court in Transamerican Natural Gas Corp. v. Powell, we hold that the trial court’s imposition of the ultimate sanction under these circumstances was not “appropriate.” See Transamerican Natural Gas Corp. v. Powell, 811 S.W.2d 913, 917-18 (Tex.1991). We will conditionally issue the…