law-sanctions | TRCP 13 | TRCP 215 | SANCTIONS IMPOSED BASED ON COURTS INHERENT POWER |
Rule 13 provides for sanctions if a party knowingly files a pleading that is either (1)
groundless and brought in bad faith or (2) groundless and brought for the purpose of
harassment. Tex. R. Civ. P. 13.
A trial court has discretion to sanction a party for failing or refusing to answer questions during a
court-ordered deposition. See Tex. R. Civ. P. 215.1(b)(2)(B).
Review of sanctions order on appeal
A trial court's rule 13 or rule 215 sanctions order is reviewed for abuse of discretion. Downer v.
Acquamarine Operaters, Inc., 701 S. W. 2d 238, 241-42 (Tex. 1985); Parker v. Walton, 233 S.W.3d 535,
539 (Tex. App.-Houston [14th Dist.] 2007, no pet.).
Sanctions for Discovery Abuse - Standard of review on appeal
A trial court's rule 13 or rule 215 sanctions order is reviewed for abuse of discretion. Downer v.
Acquamarine Operaters, Inc., 701 S. W. 2d 238, 241-42 (Tex. 1985); Parker v. Walton, 233 S.W.3d 535,
539 (Tex. App.-Houston [14th Dist.] 2007, no pet.).
We review a trial court's decision imposing sanctions for discovery abuse under an abuse of discretion
standard. Am. Flood Research, Inc. v. Jones, 192 S.W.3d 581, 583 (Tex. 2006). To establish an abuse of
discretion, the complaining party must show that the trial court's actions were arbitrary or
unreasonable in light of all the circumstances. Id. at 583.
Fontenot v. Little (Tex.App.- Houston [1st Dist.] Jan. 22, 2009)(Alcala)
(sanctions, must attack all grounds for judgment on appeal)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala
Before Chief Justice Radack, Justices Alcala and Hanks
01-07-00328-CV Michael Fontenot v. Mark Edward Little and Comco Direct Company
Appeal from 11th District Court of Harris County
Trial Court Judge: Hon. Mark Davidson
HOUSTON APPELLATE COURT CASES | TEXAS CASE LAW |