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STREET v. SECOND COURT OF APPEALS

No. C-5073.

715 S.W.2d 638 (1986)

The Honorable John STREET, Judge et al., Relators, v. The SECOND COURT OF APPEALS, Respondent.

Supreme Court of Texas.

Rehearing Denied October 1, 1986.

Attorney(s) appearing for the Case

Don Prager, Travis Alley, Fort Worth, for relators.

Strasburger & Price, E. Thomas Bishop and Mark Donheiser, Dallas, for respondent.

PER CURIAM.

The issue in this mandamus proceeding is whether the court of appeals improperly granted mandamus relief from the trial court's award of attorney's fees as discovery sanctions, because such sanctions are subject to review on appeal after final judgment. Tex.R.Civ.P. 215(2)(b)(8) and (3). We hold that mandamus was not a proper remedy when there was an adequate remedy by appeal, and so conditionally grant the...

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