White v. Bath

825 S.W.2d 227, 1992 Tex. App. LEXIS 423, 1992 WL 27434
CourtCourt of Appeals of Texas
DecidedFebruary 20, 1992
DocketB14-91-00260-CV
StatusPublished
Cited by34 cases

This text of 825 S.W.2d 227 (White v. Bath) 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.

Bluebook
White v. Bath, 825 S.W.2d 227, 1992 Tex. App. LEXIS 423, 1992 WL 27434 (Tex. Ct. App. 1992).

Opinion

OPINION

JUNELL, Justice.

This is a suit for dissolution of a partnership and claims for damages. After reviewing the decision of a special master, the trial court struck appellant’s pleadings and rendered a default judgment for appel-lee. The basis for the court’s decision was abuse of the discovery process by the appellant. We affirm.

In 1980, White, appellant, and Bath, ap-pellee, formed a partnership for participation in real estate transactions. Individual joint ventures were formed for each real estate project; however all ventures were governed by a Master Partnership Agreement. White and Bath had joint management and control of the partnership, but White was in charge of the day-today operation of the partnership. The relationship between the partners began to deteriorate, and in September of 1986, Bath sued White for recision or dissolution of the partnership and for damages. In February of 1987, White counter-claimed asserting several claims against Bath.

In September of 1987, Bath made an initial request for production. Bath eventually made many oral and written requests for production. White produced *229 certain documents sporadically and promised full compliance. This was never done. Bath filed two motions to compel and/or for sanctions. After each motion, White promised to comply with the discovery requests if Bath would forego any court action on these motions. White failed to keep his promises, and Bath filed a third motion to compel and/or for sanctions. The trial court set a hearing for February 20, 1989. At this hearing, White’s attorney stated to the court that all requested documents in White’s possession had been produced or did not exist. This came as a surprise to Bath because White had led him to believe that other documents did exist and would be forthcoming. Because of the overabundance of discovery problems in the case, the trial court appointed a special master to oversee all discovery disputes between the parties. The trial court gave the master full power to hear discovery requests and determine if any discovery abuses existed.

On March 3, 1989, the master held a conference. At this conference it became clear that White had not produced all of the requested documents. The master ordered White to produce all of the requested documents and warned the parties that any abuse of the discovery process would be dealt with harshly through sanctions. For approximately seven months, the master conferred with the parties and monitored the discovery process. After the master had ordered White to produce, White executed an affidavit swearing that all requested documents in his possession had been produced or did not exist. However, after execution of this affidavit, White produced over ten thousand other documents. This prompted Bath to supplement his third motion for sanctions.

After this motion was brought to the master’s attention, the master conducted a full investigation of White’s alleged discovery abuses. The master requested both sides to submit affidavits and written arguments in response to the pending motion for sanctions. After considering all of the submitted evidence, the master issued a final ruling on October 6, 1989. In the ruling, the master struck White’s pleadings including White’s general denial, affirmative defenses and counterclaims. The master further ordered White to pay $5,000 to Bath as compensation for attorney’s fees and costs incurred due to White’s sanction-able conduct. The ruling was based on numerous discovery violations which occurred over an extended period of time.

After the master issued the ruling, White filed a motion asking the trial court to review the matter de novo and set aside the master’s findings. A hearing was held on October 19, 1989, before the trial court. At the hearing the trial court castigated White for failure to cooperate in the discovery process. The trial court deferred ruling until a full hearing was conducted. An evidentiary hearing on White’s motion to set aside the master’s findings began on June 18, 1990, and was completed on July 2, 1990. The parties were allowed to present evidence, call witnesses, cross-examine the other side’s witnesses and present arguments to the court. After considering the evidence and arguments of counsel, the trial court adopted and affirmed the master’s findings in their entirety. The court struck White’s pleadings, entered a default judgment in favor of Bath and awarded Bath attorney’s fees, costs, and the $5,000 that had been awarded by the master. White appeals the decision of the trial court.

In his first point of error appellant alleges the trial court abused its discretion in striking his pleadings and entering a default judgment for Bath based on Bath's motions for sanctions.

A trial court may sanction any party who perpetrates discovery abuses. Tex.R.Civ.P. 215. It is within the trial court’s discretion to impose discovery sanctions and any sanction imposed will be set aside on appeal only upon a showing that the trial court clearly abused its discretion. Bodnow Corp. v. City of Hondo, 721 S.W.2d 839, 840 (Tex.1986). Further, the trial court is given the broadest discretion in imposing such sanctions and in choosing the appropriate sanctions. Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241 (Tex.1985), cert. denied, 476 U.S. *230 1159, 106 S.Ct. 2279, 90 L.Ed.2d 721 (1986); Tate v. Commodore County Mut. Ins. Co., 767 S.W.2d 219 (Tex.App.—Dallas 1989, writ denied). The trial court is not limited to considering only the specific violation for which sanctions are finally imposed, but may consider everything that has occurred during the history of the litigation. Downer, 701 S.W.2d at 241. The test for abuse of discretion is whether the court acted without reference to any guiding rules and principles. In other words, the test is whether the trial court acted arbitrarily or unreasonably. Id. at 242. The fact that an appellate court may have decided the matter differently is insufficient to show a clear abuse of discretion. Id. A trial court abuses its discretion when the sanctions imposed do not further one of the purposes that discovery sanctions were intended to further: (1) to secure broad compliance with the discovery rules; (2) to deter other litigants from violating the discovery rules; and (3) to punish parties who violate the discovery rules. Bodnow Corp., 721 S.W.2d at 840. If the sanction satisfies one of these purposes, the trial court has not abused its discretion. Garcia Distrib., Inc. v. Fedders Air Conditioning, USA, Inc., 773 S.W.2d 802, 806-807 (Tex.App.—San Antonio 1989, writ denied).

In this case, the record is replete with evidence of White’s failure to comply with the discovery rules. This is borne out by the fact that the trial court felt it necessary to appoint a special master to handle the discovery problems.

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Bluebook (online)
825 S.W.2d 227, 1992 Tex. App. LEXIS 423, 1992 WL 27434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-bath-texapp-1992.