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

Summary

The Texas Supreme Court held that a trial court may dismiss a civil plaintiff's action for failure to comply with discovery only after satisfying the procedural requirements for sanctions and applying the offensive use test. The Court found the trial court had erred in dismissing Denton's suit because the offensive use doctrine was satisfied and less severe sanctions were not considered. The decision affirms the appellate reversal and remands for reconsideration of the dismissal.