Schein v. American Restaurant Group, Inc.

Court of Appeals of Texas

Schein v. American Restaurant Group, Inc.

794 S.W.2d 78, 1990 WL 130245

CourtCourt of Appeals of Texas

DecidedJuly 10, 1990

Docket2-89-237-CV

StatusPublished

Cited by5 cases

This text of 794 S.W.2d 78 (Schein v. American Restaurant Group, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Schein v. American Restaurant Group, Inc., 794 S.W.2d 78, 1990 WL 130245 (Tex. Ct. App. 1990).

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Opinion

OPINION

FARRIS, Justice.

Clifford Schein d/b/a J & B Cash Express (Cash Express) sued American Restaurant Group, Inc. (American) alleging holder in due course status on a check issued to one of American’s former employees. After the trial court sanctioned Cash Express for discovery abuse, Cash Express nonsuited its case, and now appeals the sanction order.

We hold that a plaintiff who has taken a non-suit cannot complain on appeal of any sanctions granted by the trial court before the non-suit. See Cornish v. Houston Terminal Land Co., 257 S.W. 575, 578 (Tex.Civ.App.—Galveston 1923, no writ); Levinski v. Williamson, 15 Tex.Civ.App. 67, 38 S.W. 376 (1896, no writ); TEX.R. CIV.P. 162.

Accordingly, we hold that Cash Express is not entitled to be heard in this court upon the points of error it urges concerning the sanction order, and we dismiss this appeal.

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