must actually test (Texas) · Go Syfert
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must actually test in Texas

9 Texas opinions name it 2 courts 2004–2019 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Cire v. Cummingsgreen
tex · 2004 · cited in 7 Texas opinions naming this issue, 2014–2019
2 sentences

2018It “must either consider lesser sanctions on the record or test lesser sanctions.” Knoderer v. State Farm Lloyds, No. 06- 13-00027-CV, 2014 WL 4699136 , at *10 (Tex. App.—Texarkana Sept. 19, 2014, no pet.) (mem. op.) (“[I]n all but the most exceptional cases, the trial court must actually test the lesser sanctions before striking the pleadings.”) (quoting Cire, 134 S.W.3d at 840 ). “[C]ase-determinative sanctions may be imposed only in exceptional cases where they are clearly justified and it is ‘fully apparent that no lesser sanctions would promote compliance with the rules.’” Id. at *11 (quo

2018It “must either consider lesser sanctions on the record or test lesser sanctions.” Knoderer v. State Farm Lloyds, No. 06- 13-00027-CV, 2014 WL 4699136 , at *10 (Tex. App.—Texarkana Sept. 19, 2014, no pet.) (mem. op.) (“[I]n all but the most exceptional cases, the trial court must actually test the lesser sanctions before striking the pleadings.”) (quoting Cire, 134 S.W.3d at 840 ). “[C]ase-determinative sanctions may be imposed only in exceptional cases where they are clearly justified and it is ‘fully apparent that no lesser sanctions would promote compliance with the rules.’” Id. at *11 (quo

17
Ross v. NAT. CTR. FOR EMPLOY. OF DISABLEDgreen
tex · 2006 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018It “must either consider lesser sanctions on the record or test lesser sanctions.” Knoderer v. State Farm Lloyds, No. 06- 13-00027-CV, 2014 WL 4699136 , at *10 (Tex. App.—Texarkana Sept. 19, 2014, no pet.) (mem. op.) (“[I]n all but the most exceptional cases, the trial court must actually test the lesser sanctions before striking the pleadings.”) (quoting Cire, 134 S.W.3d at 840 ). “[C]ase-determinative sanctions may be imposed only in exceptional cases where they are clearly justified and it is ‘fully apparent that no lesser sanctions would promote compliance with the rules.’” Id. at *11 (quo

11
In the Interest of M.J.M., a Childgreen
texapp · 2013 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015In re Carnival Corp., 193 S.W.3d 229, 236-37 (Tex. App.—Houston [1st Dist.] 2006, orig. proceeding); see also In re M.J.M., 406 S.W.3d 292, 298 (Tex. App.—San Antonio 2013, orig. proceeding).

11
In Re Carnival Corp.green
texapp · 2006 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015In re Carnival Corp., 193 S.W.3d 229, 236-37 (Tex. App.—Houston [1st Dist.] 2006, orig. proceeding); see also In re M.J.M., 406 S.W.3d 292, 298 (Tex. App.—San Antonio 2013, orig. proceeding).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
GTE Communications Systems Corp. v. Tanner green
tex · 1993
1 sentence

2004GTE, 856 S.W.2d at 730 .

12004–2004

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