The appellants appeal the district court's imposition of "death penalty" sanctions against them based on the district court's finding that they had fabricated documents at issue in the case. While it may be true that death-penalty sanctions cases in Texas usually involve discovery orders under Texas Rule of Civil Procedure 215, the absence of such orders does not necessarily preclude the imposition of death-penalty sanctions where, as here, the objectionable discovery conduct is allegedly fabricating evidence and lying about that evidence in deposition. The trial court's judgment is affirmed and modified in part, and reversed and rendered in part.
JNS Enterprise, Inc. v. Dixie Demolition, LLC
Tex. App. Dist. 3
July 31, 2013