Texas Supreme Court

Stephanie Rogers, a Minor, Petitioner v. Walmart Stores, Inc., Respondents

March 6, 198528 Tex. Sup. Ct. J. 283

Summary

The Texas Supreme Court affirmed the trial court’s assessment of one‑half of the guardian ad litem fees against Walmart under Tex.R.Civ.P. 141, finding no abuse of discretion. The Court held that "good cause" is a case‑by‑case determination and the trial judge’s finding that Walmart unnecessarily prolonged the trial justified the cost assessment. Justice Gonzalez dissented, arguing that penalizing a prevailing party for vigorous advocacy is improper.