GTE Commc'ns Sys. Corp. v. Curry, 819 S.W.2d 652 (Tex. App. 1991). · Go Syfert
GTE Commc'ns Sys. Corp. v. Curry, 819 S.W.2d 652 (Tex. App. 1991). Cases Citing This Book View Copy Cite
62 citation events (36 in the last 25 years) across 2 distinct courts.
Strongest positive: in Re Erik Gil and Abraham O. Hernandez, Attorney of Law (texapp, 2022-01-11)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 40 distinct citers. How cited ↗
discussed Cited as authority (rule) in Re Erik Gil and Abraham O. Hernandez, Attorney of Law (2×)
Tex. App. · 2022 · confidence medium
Corp. v. Curry, 819 S.W.2d 652, 654 (Tex. App.— San Antonio 1991, orig. proceeding).
cited Cited as authority (rule) Guerra v. L&F Distributors, LLC
Tex. App. · 2017 · confidence medium
Corp., 819 S.W.2d 652, 654 (Tex. App.—San Antonio 1991, orig. proceeding).
cited Cited as authority (rule) Scott P. Ogle v. Maeli Hector, A/K/A Maeli Arellano, A/K/A Maeli Johnson
Tex. App. · 2015 · confidence medium
Corp. v. Curry, 819 S.W.2d 652, 654 (Tex. App.—San Antonio 1991, no writ).
discussed Cited as authority (rule) in the Interest of J. A., Jr., a Minor Child
Tex. App. · 2015 · confidence medium
Compare Alexander v. Alexander, 956 S.W.2d 712, 714 (Tex.App.-Houston [14th Dist.] 1997, pet. denied); Bloom v. Graham, 825 S.W,2d 244, 247 (Tex.App.-Fort Worth 1992, writ denied); Powers v. Palacios, 771 S.W.2d 716, 719 (Tex.App.-Corpus Christi 1989, writ denied); Gomer, 419 S.W.3d at 478 (noting if sanctioned party "does not object to the form of the sanctions order, that party waives any objection to the absence of bad faith or harassment finding.”) with GTE Communications Systems Corp. v. Curry, 819 S.W.2d 652, 654 (Tex.App.-San Antonio 1991, orig. proceeding); Zarsky v. Zurich Managemen…
cited Cited as authority (rule) in the Interest of L.N.B.C., a Child
Tex. App. · 2012 · confidence medium
Corp. v. Curry, 819 S.W.2d 652, 654 (Tex. App.—San Antonio 1991, orig. proceeding); see Kahn v. Garcia, 816 S.W.2d 131, 133 (Tex. App.—Houston [1st Dist.] 1991, orig. proceeding).
cited Cited as authority (rule) George A. Young and Shirley A. Young v. Texas First Bank and Mynde S. Eisen
Tex. App. · 2010 · confidence medium
Corp. v. Curry , 819 S.W.2d 652, 654 (Tex. App. — San Antonio 1991, orig. proceeding) .
cited Cited as authority (rule) William Craig Riley v. Gary J. Cohen
Tex. App. · 2009 · confidence medium
Corp. v. Curry, 819 S.W.2d 652, 654 (Tex. App.—San Antonio 1991) (orig. proc.)); Murphy v. Friendswood Dev.
cited Cited as authority (rule) William Craig Riley v. Gary J. Cohen
Tex. App. · 2009 · confidence medium
Corp. v. Curry , 819 S.W.2d 652, 654 (Tex. App.--San Antonio 1991) (orig. proc.)); Murphy v. Friendswood Dev.
cited Cited as authority (rule) Cintas Corporation v. Gary Minton
Tex. App. · 2008 · confidence medium
Corp. v. Curry, 819 S.W.2d 652, 654 (Tex. App.-San Antonio 1991, no writ); Watkins v. Pearson , 795 S.W.2d 257, 260 (Tex. App.-Houston [14th Dist.] 1990, writ denied).
cited Cited as authority (rule) Louis Younts and Yvonne Younts v. First Prosperity Bank F/K/A Commercial National Bank of Beeville and Joe J. Carter
Tex. App. · 2005 · confidence medium
Corp. v. Curry , 819 S.W.2d 652, 654 (Tex. App.–San Antonio 1991, no writ).
cited Cited as authority (rule) Thomas J. Henry and the Law Offices of Thomas J. Henry v. Robert Low, D. O., and Stephen Smith, M. D.
Tex. App. · 2004 · confidence medium
Corp. v. Curry , 819 S.W.2d 652, 654 (Tex. App.–San Antonio 1991, no writ)).
discussed Cited as authority (rule) Henry v. Low (2×)
Tex. App. · 2004 · confidence medium
Corp. v. Curry, 819 S.W.2d 652, 654 (Tex.App.-San Antonio 1991, no writ)).
cited Cited as authority (rule) In the Interest of A.C.B.
Tex. App. · 2003 · confidence medium
Corp. v. Curry, 819 S.W.2d 652, 654 (Tex.App.-San Antonio 1991, orig. proceeding).
cited Cited as authority (rule) In Re ACB
Tex. App. · 2003 · confidence medium
Corp. v. Curry, 819 S.W.2d 652, 654 (Tex.App.-San Antonio 1991, orig. proceeding).
cited Cited as authority (rule) Rudisell v. Paquette
Tex. App. · 2002 · confidence medium
Corp. v. Curry, 819 S.W.2d 652, 654 (Tex. App.-San Antonio 1991, orig. proceeding).
discussed Cited as authority (rule) Cone v. Fagadau Energy Corp.
Tex. App. · 2002 · confidence medium
Texas-Ohio Gas, Inc. v. Mecom, supra at 135; Tarrant County v. Chancey, 942 S.W.2d 151, 155-56 (Tex.App.—Fort Worth 1997, no writ); Friedman and Associates, P.C. v. Beltline Road, Ltd., 861 S.W.2d 1, 3 (Tex.App.-Dallas 1993, writ dism’d agr.); Zarsky v. Zurich Management, Inc., 829 S.W.2d 398 (Tex.App.—Houston [14th Dist.] 1992, no writ); GTE Communications Systems Corp. v. Curry, 819 S.W.2d 652, 653-54 (Tex.App.—San Antonio 1991, no writ); Kahn v. Garcia, 816 S.W.2d 131 (Tex.App.—Houston [1st Dist.] 1991, no writ).
discussed Cited as authority (rule) Kenneth G. Cone v. Fagadau Energy Corporation and Sanford P. Fagadau
Tex. App. · 2001 · confidence medium
Texas-Ohio Gas, Inc. v. Mecom, supra at 135; Tarrant County v. Chancey , 942 S.W.2d 151, 155-56 (Tex.App. - Fort Worth 1997, no writ); Friedman and Associates, P.C. v. Beltline Road, Ltd., 861 S.W.2d 1, 3 (Tex.App. - Dallas 1993, writ dism'd agr.); Zarsky v. Zurich Management, Inc., 829 S.W.2d 398 (Tex.App. - Houston [14th Dist.] 1992, no writ); GTE Communications Systems Corp. v. Curry , 819 S.W.2d 652, 653-54 (Tex.App. - San Antonio 1991, no writ); Kahn v. Garcia, 816 S.W.2d 131 (Tex.App. - Houston [1st Dist.] 1991, no writ).
discussed Cited as authority (rule) James S. King v. Rebecca Davis Jones
Tex. App. · 2001 · confidence medium
Texas-Ohio Gas, Inc. v. Mecom, supra at 135 ; Tarrant County v. Chancey, 942 S.W.2d 151, 155-56 (Tex.App. - Fort Worth 1997, no writ); Friedman and Associates, P.C. v. Beltline Road, Ltd., 861 S.W.2d 1, 3 (Tex.App. - Dallas 1993, writ dism = d agr.); Zarsky v. Zurich Management, Inc., 829 S.W.2d 398 (Tex.App. - Houston [14th Dist.] 1992, no writ); GTE Communications Systems Corp. v. Curry, 819 S.W.2d 652, 653-54 (Tex.App. - San Antonio 1991, no writ); Kahn v. Garcia, 816 S.W.2d 131 (Tex.App. - Houston [1st Dist.] 1991, no writ).
cited Cited as authority (rule) Texas-Ohio Gas, Inc. v. Mecom
Tex. App. · 2000 · confidence medium
Corp. v. Curry, 819 S.W.2d 652, 653-54 (Tex.App.San Antonio 1991, no writ); Kahn v. Garcia, 816 S.W.2d 131 (Tex.App.-Houston [1st Dist.] 1991, no writ).
discussed Cited as authority (rule) Mattly v. Spiegel, Inc. (2×) also: Cited "see"
Tex. App. · 2000 · confidence medium
Corp. v. Curry, 819 S.W.2d 652, 654 (Tex.App.—San Antonio 1991, no writ).
discussed Cited as authority (rule) In re PG & E Reata Energy, L.P.
Tex. App. · 1999 · confidence medium
Burrhus v. M & S Supply, Inc., 933 S.W.2d 635, 640 (Tex.App.-San Antonio 1996, writ denied) (cit ing Missouri Pacific R.R. v. Cross, 501 S.W.2d 868, 872 (Tex.1973); GTE Communications Systems Corp. v. Curry 819 S.W.2d 652, 653 (Tex.App.-San Antonio 1991, orig. proceeding)).
discussed Cited as authority (rule) Keever v. Finlan
Tex. App. · 1999 · confidence medium
Corp. v. Curry, 819 S.W.2d 652, 654 (Tex.App.—San Antonio 1991, orig. proceeding) (order merely imposed sanctions without stating any facts or particulars of good cause); Kahn v. Garcia, 816 S.W.2d 131, 133 (Tex.App.—Houston [1st Dist.] 1991, orig. proceeding) (order concluded motions for sanctions were "meritorious”); Watkins v. Pearson, 795 S.W.2d 257, 260 (Tex.App.—Houston [1st Dist.] 1990, writ denied) (order recited that “for good cause being shown,” monetary sanctions were imposed). 12 .
cited Cited as authority (rule) Gorman v. Gorman
Tex. App. · 1998 · confidence medium
Corp. v. Curry, 819 S.W.2d 652, 653-54 (Tex.App.—San Antonio 1991, orig. proceeding) (emphasis added) (citations omitted). 5 .
cited Cited as authority (rule) Roy Schexnider and Christine Schexnider v. Scott & White Memorial Hospital, D/B/A Scott & White Memorial Hospital Scott & White Clinic, D/B/A Scott & White Clinic Allan E. Nickel, M.D. Emmett MacKan, M.D. Elias J. Fanous, M.D. Paul Wuthrich, M.D. Thomas Coburn, M.D.
Tex. App. · 1997 · confidence medium
Corp. v. Curry , 819 S.W.2d 652, 654 (Tex. App.--San Antonio 1991, no writ); see also Campos v. Ysleta General Hosp., Inc. , 879 S.W.2d 67, 70 (Tex. Civ.
cited Cited as authority (rule) Schexnider v. Scott & White Memorial Hospital
Tex. App. · 1997 · confidence medium
Corp. v. Curry, 819 S.W.2d 652, 654 (Tex.App.—San Antonio 1991, no writ); see also Campos v. Ysleta, General Hosp., Inc., 879 S.W.2d 67, 70 (Tex.Civ.App.—El Paso 1994, writ denied).
cited Cited as authority (rule) Land v. AT & S Transportation, Inc.
Tex. App. · 1997 · confidence medium
Corp. v. *667 Curry, 819 S.W.2d 652, 654 (Tex.App. — San Antonio 1991, no writ); Watkins v. Pearson, 795 S.W.2d 257, 260 (Tex.App. — Houston [14th Dist.] 1990, writ denied).
cited Cited as authority (rule) Marshall Land v. AT & S Transportation, Inc.
Tex. App. · 1997 · confidence medium
Corp. v. Curry , 819 S.W.2d 652, 654 (Tex. App.--San Antonio 1991, no writ); Watkins v. Pearson , 795 S.W.2d 257, 260 (Tex. App.--Houston [14th Dist.] 1990, writ denied).
cited Cited as authority (rule) Burrhus v. M&S SUPPLY, INC.
Tex. App. · 1996 · confidence medium
See Missouri Pacific R.R. v. Cross, 501 S.W.2d 868, 872 (Tex.1973); GTE Communications Systems v. Curry, 819 S.W.2d 652, 653 (Tex.App.-San Antonio 1991, orig. proceeding).
discussed Cited as authority (rule) Thomas v. Thomas
Tex. App. · 1996 · confidence medium
See id. at 3 ; GTE Communications Systems Corp. v. Curry, 819 S.W.2d 652, 654 (Tex.App.-San Antonio 1991, no writ); Kahn v. Garcia, 816 S.W.2d 131, 132-33 (Tex.App.-Houston [1st Dist.] 1991, orig. proceeding); Watkins v. Pearson, 795 S.W.2d 257, 260 (Tex.App.-Houston [14th Dist.] 1990, writ denied) (all holding that failure to state the particulars of good cause in a sanction order renders it unenforceable against that party); but see Campos v. Ysleta Gen.
discussed Cited as authority (rule) Matter of JR
Tex. App. · 1995 · confidence medium
Corp. v. Curry, 819 S.W.2d 652, 654 (Tex.App.—San Antonio 1991, orig. proceeding) (requirement that court state in order its findings of good cause to impose sanction under Rule of Civil Procedure 13 is in lieu of traditional findings and conclusions).
discussed Cited as authority (rule) In re J.R.
Tex. App. · 1995 · confidence medium
Corp. v. Curry, 819 S.W.2d 652, 654 (Tex.App.—San Antonio 1991, orig. proceeding) (requirement that court state in order its findings of good cause to impose sanction under Rule of Civil Proce- • dure 13 is in lieu of traditional findings and conclusions).
discussed Cited as authority (rule) in the Matter of J. R.
Tex. App. · 1995 · confidence medium
Corp. v. Curry , 819 S.W.2d 652, 654 (Tex. App.--San Antonio 1991, orig. proceeding) (requirement that court state in order its findings of good cause to impose sanction under Rule of Civil Procedure 13 is in lieu of traditional findings and conclusions).
cited Cited as authority (rule) Ellis H. Gilleland v. Larry M. Dubuisson, Olivia R. Eudaly, Alton F. Hopkins, Jr., Mike Levi, Robert D. Lewis, Mary E. Mainster, Guy A. Sheppard, Fred K. Soifer, Clark S. Willingham
Tex. App. · 1995 · confidence medium
Corp. v. Curry , 819 S.W.2d 652, 654 (Tex. App.--San Antonio 1991, orig. proceeding).
cited Cited as authority (rule) Ellis H. Gilleland v. Robert D. Lewis, President, Texas State Board of Veterinary Medical Examiners
Tex. App. · 1994 · confidence medium
Corp. v. Curry , 819 S.W.2d 652, 654 (Tex. App.--San Antonio 1991, orig. proceeding); see Tex. R.
cited Cited as authority (rule) Ellis H. Gilleland v. Guy A. Sheppard, Secretary of the Texas State Board of Veterinary Medical Examiners
Tex. App. · 1993 · confidence medium
Corp. v. Curry , 819 S.W.2d 652, 654 (Tex. App.--San Antonio 1991, orig. proceeding).
cited Cited as authority (rule) Dyson Descendant Corp. v. Sonat Exploration Co.
Tex. App. · 1993 · confidence medium
Corp. v. Curry, 819 S.W.2d 652, 654 (Tex.App.—San Antonio 1991, orig. proceeding); Kahn v. Garcia, 816 S.W.2d 131, 133 (Tex.App.—Houston [1st Dist.] 1991, orig. proceeding).
cited Cited as authority (rule) GTE Communications Systems Corp. v. Tanner
Tex. · 1993 · confidence medium
GTE Communication Systems Corp. v. Curry, 819 S.W.2d 652, 653 (Tex.App.—San Antonio 1991, orig. proc.).
discussed Cited as authority (rule) Friedman & Associates, P.C. v. Beltline Road, Ltd. (2×) also: Cited "see"
Tex. App. · 1993 · confidence medium
Corp. v. Curry, 819 S.W.2d 652, 653 (Tex.App.—San Antonio 1991, orig. proceeding).
discussed Cited "see" Susan England v. Janice Kolbe, as Guardian of the Estate of Edna Moon
Tex. App. · 2015 · signal: see · confidence high
See id. a cause of action independent of the plaintiff's claim, that entitles the defendant to relief even if the plaintiff abandons As we explain below, this judgment ordering or fails to establish her cause of action.
discussed Cited "see" Campos v. Ysleta General Hospital, Inc.
Tex. App. · 1994 · signal: see · confidence high
See GTE Communications Systems Corp. v. Curry, 819 S.W.2d 652, 654 (Tex.App.—San Antonio 1991, orig. proceeding); Zarsky v. Zurich Management, Inc., 829 S.W.2d 398, 399 (Tex.App.—Houston [14th Dist.] 1992, no writ); Kahn v. Garcia, 816 S.W.2d 131, 133 (Tex.App.—Houston [1st Dist.] 1991, orig. proceeding); Watkins v. Pearson, 795 S.W.2d 257, 260 (Tex.App.—Houston [14th Dist.] 1990, writ denied).
Retrieving the full opinion text from the archive…
GTE COMMUNICATIONS SYSTEMS CORP., Relator,
v.
the Honorable Peter Michael CURRY, Respondent
04-91-00465-CV.
Court of Appeals of Texas.
Nov 13, 1991.
819 S.W.2d 652
Ruth Greenfield Malinas, J. Michael Ez-zell, Ball and Weed, Thomas H. Crofts, Jr., Crofts, Callaway & Jefferson, San Antonio, for relator., Pat Maloney, Jr., Law Offices of Pat Maloney, P.C., Rene R. Barrientos, Law Offices of Rene R. Barrientos, Timothy Patton, Pozza & Patton, San Antonio, for respondent.
Reeves, Biery, Carr.
Cited by 44 opinions  |  Published

OPINION

BIERY, Justice.

This is an original proceeding in which relator, defendant below (GTE), asks this Court to issue a writ of mandamus directing the trial court to rescind its sanctions order which struck GTE’s pleadings and[*653] imposed a fine of $150,000 as attorney fees to be paid on entry of final judgment.

The suit arises out of a fatal accident. A pay telephone was affixed to the outside wall of Bud’s Foodliner. Larry Bluethman allegedly stretched the metal cord of the telephone handset, normally about eighteen inches long, to over three feet across a sidewalk and tied the handset end to a pole holding up an awning. Shortly thereafter, two young boys on bicycles rode down the sidewalk. One boy was nearly decapitated when he ran into the stretched cord and died. The other boy avoided the cord but was injured. The parents of both boys brought suit against the store owner, ATS Pay Phone Supply, Inc., Quest Development, Larry Bluethman’s estate, and GTE.

Plaintiffs alleged that GTE manufactured the handset and was negligent by designing and manufacturing a telephone handset that was easily disassembled and could be stretched; in failing to adequately warn of the danger of the misuse of this item; and in providing a defective telephone handset on commercial premises where third persons were at an unreasonable risk of harm. GTE filed a general denial and later sought summary judgment based on its denial that GTE manufactured, designed, or distributed the handset.

In support of its motion for summary judgment, GTE attached the affidavits of Robert Zimmermann, an employee of GTE, and of Oscar Jimenez, plant manager of General Cable Corporation. The gist of the affidavits is that the telephone cord was not a GTE product. Plaintiffs responded to the motion with a controverting affidavit, asserting that the cord was a GTE product.

The trial court held a hearing on the motion for summary judgment and denied GTE’s motion. Plaintiffs then requested that the trial court impose sanctions against GTE under TEX.R.CIV.P. 215 and 13. Plaintiffs claimed that GTE violated rule 13 by filing false pleadings that are groundless and brought to avoid responsibility for a defective product, that GTE’s affidavits were “misleading to the Court,” and that its actions were done in bad faith. They also claimed that GTE abused the discovery process by resisting and failing to produce documents relevant to the defective nature of its product and its knowledge of its dangerous propensities.

The trial court held a hearing on the motion for sanctions and granted the motion. It ordered GTE’s pleadings to be stricken and ordered GTE to pay $150,000 as reasonable attorney fees “upon entry of final judgment in this cause.” Relator invoked our jurisdiction pursuant to TEX. GOV’T CODE ANN. § 22.221(b) (Vernon 1988) and TransAmerican Natural Gas Corp. v. Powell, 811 S.W.2d 913, 920 (Tex.1991).

Rule 13 provides in part:

The signatures of attorneys or parties constitute a certificate by them that they have read the pleading, motion, or other paper; that to the best of their knowledge, information, and belief formed after reasonable inquiry the instrument is not groundless and brought in bad faith or groundless and brought for the purpose of harassment. Attorneys or parties who shall ... make statements in pleading which they know to be groundless and false, for the purpose of securing a delay of the trial of the cause, shall be held guilty of a contempt. If a pleading, motion or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, after notice and hearing, shall impose an appropriate sanction available under Rule 215-2b, upon the person who signed it, a represented party, or both_ No sanctions under this rule may be imposed except for good cause, the particulars of which must be stated in the sanction order_ A general denial does not constitute a violation of this rule.

TEX.R.CIV.P. 13 (emphasis added).

A rule of civil procedure is interpreted by the same rules that govern statutes. When a rule is clear and unambiguous, we construe the language according to its literal meaning. RepublicBank Dallas, N.A. v. Interkal, Inc., 691 S.W.2d 605, 607 (Tex.1985); Hidalgo, Chambers & Co. v. Federal Deposit Ins. Corp., 790 S.W.2d[*654] 700, 702 (Tex.App.—Waco 1990, writ denied). The language contained in rule 13 is clear and unambiguous. The rule provides that no sanctions may be imposed except for good cause and that the trial court must enumerate the particulars of the good cause in the sanction order. The requirement that the court state its findings in the order is in lieu of the traditional findings of fact and conclusions of law which normally are filed in a trial on the merits in a non-jury case. These findings enable the appellate court to review the order in light of the facts found by the trial court. Without the findings required by rule 13, effective review of the sanctions is unavailable because the sanctioned party would be unable to overcome the presumption that the trial court found necessary facts in support of its judgment.

We hold that rule 13’s requirement that the trial court state the particulars of the good cause found for imposing sanctions is mandatory. See Kahn v. Garcia, 816 S.W.2d 131, 132-133 (Tex.App.—Houston [1st Dist.], 1991, orig. proc.); TEX.R.CIV.P. 13. A mere statement in the order that good cause was shown and that the motion was filed for the purpose of delay is insufficient to sustain the sanctions order. Watkins v. Pearson, 795 S.W.2d 257, 260 (Tex. App.—Houston [14th Dist.] 1990, writ denied). The order considered in Watkins went further than the order in this case because it stated that good cause was shown and that the motion was filed for the purpose of delay. Yet, in spite of those findings, the order was found lacking because it failed to state the particulars sufficiently. Id.

The order in this cade is defective in that it fails to comply with the mandatory requirements of rule 13. The order merely imposes sanctions. It does not find that good cause exists for such impositions; it does not find that the motion for summary judgment and affidavits were groundless and filed for the purpose of delay or harassment, or were made in bad faith; and, more fatally, it does not state any facts or particulars of the good cause.

We conditionally grant the writ of mandamus. The trial court is ordered to vacate the sanction order. The writ of mandamus shall issue only if the sanction order is not vacated.