Summary
holding it was error to deny litigant ability to create bill of exceptions by quashing subpoenas for disallowed witnesses
Summary of this case from Mayfield v. PeekOpinion
No. D-2327.
October 28, 1992. Rehearing Overruled December 22, 1992.
Appeal from the Court of Appeals of the Fourth District of Texas
In this lease dispute, two employees of Credit Motors, Inc. were identified by name in Michael Hogan's answers to interrogatories as persons having knowledge of relevant facts. Because their addresses and phone numbers were omitted, the trial court refused to permit Hogan to call them as witnesses. Tex.R.Civ.P. 215, subd. 5. The court of appeals reversed. 827 S.W.2d 392.
In denying the application for writ of error, we are not to be construed as approving or disapproving the court of appeals' reliance on TransAmerican Natural Gas Corp. v. Powell, 811 S.W.2d 913 (Tex. 1991), in determining whether the trial court properly excluded the testimony of these witnesses.
The application for writ of error is denied.