Texas Department of Public Safety Officers Association, Billy Don Ivey, Jerry Moore, Charlie Adams, Mary Pat Becnel…

Summary

The Texas Supreme Court affirmed the Court of Appeals' reversal of the trial court's dismissal of Denton's civil action, holding that a trial court may dismiss a plaintiff's claims for failure to comply with discovery only after satisfying the procedural sanction requirements and considering less severe remedies. The Court also remanded for further consideration of the motion to dismiss. Justice Gonzalez filed a concurring opinion disagreeing with the majority's application of the Republic Insurance test and would have affirmed the appellate judgment.