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MONARCH HOMES, INC. v. CANDLEWOOD JOINT VENTURE

No. 04-90-00427-CV.

817 S.W.2d 768 (1991)

MONARCH HOMES, INC., Appellant, v. CANDLEWOOD JOINT VENTURE, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied November 4, 1991.

Attorney(s) appearing for the Case

Carlos Morris, Paul R. Tinsley and Barry H. Snowden, Morris, Tinsley & Snowden, Houston, Thomas H. Crofts, Jr., Crofts, Callaway & Jefferson, and Cynthia J. Estee, Groce, Locke & Hebdon, San Antonio, for appellant.

Barry Snell, Bayne, Snell & Krause, P.C. and Timothy Patton, Pozza & Patton, San Antonio, for appellee.

Before CHAPA, BIERY and CARR, JJ.

OPINION

CARR, Justice.

The dispositive issue this appeal presents is whether the trial court committed reversible error in sanctioning appellant, Monarch Homes, Inc. (Monarch), by defaulting Monarch on liability for the discovery abuses of Monarch's attorney. In view of the recent Texas Supreme Court case of Transamerican Natural Gas Corp. v. Powell, 811 S.W.2d 913 (Tex. 1991), we answer in the affirmative.

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