(DOWNLOAD) "Koslow's V. Thomas S. Mackie And Patsy B. Mackie (10/10/90)" by Supreme Court of Texas " eBook PDF Kindle ePub Free

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eBook details

• Title: Koslow's V. Thomas S. Mackie And Patsy B. Mackie (10/10/90)
• Author : Supreme Court of Texas
• Release Date : January 10, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

RAY, Justice. This is a suit on a sworn account. The trial court rendered judgment by default against defendants for their failure to participate in the preparation of a joint status report as ordered by the court and their failure to appear and show cause at the subsequent disposition hearing for their non-participation. The court of appeals reversed and rendered, holding the trial court had no authority to strike defendants' pleadings and render judgment by default and abused its discretion by its order. 774 S.W.2d 741. We hold that the trial court had authority under the rules of civil procedure to make its pretrial orders and to sanction disobedience by striking pleadings and rendering default judgment. Since defendants failed to show lack of notice or other circumstances making the ruling unjust, we further hold the trial court's order was not an abuse of discretion. We reverse the judgment of the court of appeals and affirm the judgment of the trial court.

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