Anita Clark

Summary

The Texas Supreme Court reversed the Court of Appeals' judgment and remanded the case for further proceedings. It held that the trial court erred in admitting the testimony of an undisclosed witness because the party offering the testimony failed to show good cause under Rule 215(5). The Court also held that the error was not preserved because the opposing parties did not object to the witness's testimony at trial. Justice Gonzalez dissented, arguing that the pre‑trial motion preserved the error and that the majority’s rule on preservation is too rigid.