[DOWNLOAD] "Don T. Braden V. Hon. Daniel M. Downey (06/19/91)" by Supreme Court of Texas # eBook PDF Kindle ePub Free

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eBook details

• Title: Don T. Braden V. Hon. Daniel M. Downey (06/19/91)
• Author : Supreme Court of Texas
• Release Date : January 19, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

Respondent District Judge, Hon. Daniel M. Downey, ordered relator Don T. Braden to answer certain discovery requests and found that his earlier refusal to do so was abusive of the discovery process. As sanctions for such abuse, the district court ordered Braden to pay $10,000 to the party seeking discovery, and ordered Braden's attorney to perform ten hours' community service. The deadlines ordered for payment of the monetary sanctions and completion of the community service preceded conclusion of the litigation.*fn1 Braden seeks mandamus directing the district court to vacate these discovery rulings. We conclude that the district court did not clearly abuse its discretion in ordering Braden to answer the discovery requests, but that it did abuse its discretion in ordering payment of the monetary sanctions imposed  and performance of community service before those sanctions,  and the basis for imposing them, could be appealed. We therefore conditionally grant mandamus relief only to direct the district court to modify its order to defer compliance with the imposition of sanctions until after rendition of final judgment.

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