Bodnow Corp. v. City of Hondo
| Decision Date | 19 November 1986 |
| Docket Number | No. C-5707,C-5707 |
| Citation | 721 S.W.2d 839 |
| Parties | BODNOW CORPORATION, Petitioner, v. CITY OF HONDO, et al., Respondent. |
| Court | Texas Supreme Court |
The issue in this appeal is whether the trial court abused its discretion when it assessed joint and several monetary sanctions against the Bodnow Corporation for failing to comply with proper discovery requests. We hold that the trial court did.
Bodnow intervened in a lawsuit in which several parties (the "original plaintiffs") were seeking a refund of ad valorem taxes that they had paid to the City of Hondo and Hondo Independent School District. Bodnow only intervened against HISD. After granting summary judgment for the City and HISD, the trial court imposed two discovery sanctions on the plaintiffs. Bodnow appealed the summary judgment and the sanctions. In an unpublished opinion, the court of appeals reversed the summary judgment and affirmed the sanctions. Bodnow then appealed the sanctions to this court.
Discovery sanctions are not appealable until the trial court renders a final judgment. Street v. The Second Court of Appeals, 715 S.W.2d 638 (Tex.1986). Because the summary judgment rendered against Bodnow was a final judgment, the sanctions imposed on Bodnow were appealable.
A trial court may impose sanctions on any party that abuses the discovery process. TEX.R.CIV.P. 215. The discovery sanctions imposed by a trial court are within that court's discretion and will be set aside only if the court clearly abused its discretion. Id. A trial court abuses its discretion if the sanction it imposes does not further one of the purposes that discovery sanctions were intended to further. Id. The purposes of discovery sanctions are to: (1) secure the parties' compliance with the rules of discovery, Ebeling v. Gawlik, 487 S.W.2d 187, 190 (Tex.Civ.App.--Houston [1st Dist.] 1972, no writ); (2) deter other litigants from violating the discovery rules, Downer v. Aquamarine Operations, Inc., 701 S.W.2d 238 (Tex.1985); and (3) punish parties that violate the rules of discovery, Jarrett v. Warhola, 695 S.W.2d 8 (Tex.Civ.App.--Houston [14th Dist.] 1985, writ ref'd).
In this case, the trial court's first sanction made Bodnow and the original plaintiffs jointly and severally liable for $15,573 of HISD's discovery expenses and $7,054 of the City's discovery expenses. The trial court imposed joint and several liability because...
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Besing, Matter of
...See TEX.R.CIV.P. 215(2)(b)(5); see also Transamerica Natural Gas v. Powell, 811 S.W.2d 913, 916-19 (Tex.1991); Bodnow Corp. v. City of Hondo, 721 S.W.2d 839, 840 (Tex.1986); Downwind Aviation, Inc. v. Orange County, 760 S.W.2d 336, 339 (Tex.App.--Beaumont 1988, writ denied).3 See FED.R.BANK......
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...rules make available the possibility of a range of sanctions for discovery abuse. See Tex.R. Civ. P. 215; Bodnow Corp. v. City of Hondo, 721 S.W.2d 839, 840 (Tex.1986) (per curiam). Here, SB moved for sanctions in response to Reece's admission that he lied during the deposition; the trial c......
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Knoderer v. State Farm Lloyds
...I , "[i]t is inappropriate to hold one party liable for another party's misconduct." Id. at *14 (citing Bodnow Corp. v. Hondo , 721 S.W.2d 839, 840 (Tex. 1986) (per curiam)). Further, sanctions should only be assessed against the true offender. Id. (citing Am. Flood Research, Inc. , 192 S.W......
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Ridge Natural Res., L.L.C. v. Double Eagle Royalty, L.P.
...process); see also Horizon Health Corp. v. Acadia Healthcare Co., Inc., 520 S.W.3d 848, 884 (Tex. 2017) (citing Bodnow Corp. v. City of Hondo , 721 S.W.2d 839, 840 (Tex. 1986) )(per curiam)(discussing discovery sanctions). I view the discovery differences identified by Double Eagle between ......
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CHAPTER 2 Standards of Review and Scope of Review
...is an abuse of discretion).[161] In re E.I. DuPont de Nemours & Co., 136 S.W.3d 218, 223 (Tex. 2004).[162] Bodnow Corp. v. City of Hondo, 721 S.W.2d 839, 840 (Tex. 1986) (per curiam).[163] Nath v. Tex. Children's Hosp., 446 S.W.3d 355, 361 (Tex. 2014) ("We review the imposition of sanctions......
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CHAPTER 14 - 14-3 Discovery Sanctions
...of the litigation."116 A pattern of discovery abuse can be considered in crafting sanctions.117 --------Notes:[44] Bodnow Corp. v. Hondo, 721 S.W.2d 839, 840 (Tex. 1986); accord Horizon Health Corp. v. Acadia Healthcare Co., Inc., 520 S.W.3d 848, 884 (Tex. 2017); Cire v. Cummings, 134 S.W.3......