Summary
denying request for relief from the trial court's sanctions order without prejudice to allow the court to reconsider rulings in light of TransAmerican factors
Summary of this case from In re State Farm LloydsOpinion
No. D-0639.
June 19, 1991.
Appeal from the Dallas Court of Appeals, Fifth Judicial District, Dallas County; Sue Lagade, J.
Carl David Adams, James P. Browning, Jr., Dallas, for relators.
James L. Truitt, C. Steven Matlock, Jr., Dallas, for respondent.
In this original mandamus proceeding relator seeks review of the propriety of sanctions imposed by respondent for abuse of discovery. We believe that the trial court should have the opportunity to reconsider the rulings of which relator complains in this proceeding in light of our opinions today in TransAmerican Natural Gas Corp. v. Powell, 811 S.W.2d 913 (Tex. 1991). Accordingly, we deny this petition for mandamus as having been improvidently granted and vacate our order staying proceedings, without addressing the merits of the petition and without prejudice to relators again requesting relief from the court of appeals and this Court after the trial court has had an opportunity to reconsider its rulings.