Court of Civil Appeals of Texas, 1990

Schein v. American Restaurant Group, Inc.

Schein v. American Restaurant Group, Inc.
Court of Civil Appeals of Texas · Decided July 10, 1990 · Farris, Day, Ashworth
794 S.W.2d 78; 1990 WL 130245 (South Western Reporter, Second Series)

Schein v. American Restaurant Group, Inc.

Opinion

OPINION

FARRIS, Justice.

Clifford Schein d/b/a J & B Cash Express (Cash Express) sued American Restaurant Group, Inc. (American) alleging holder in due course status on a check issued to one of American’s former employees. After the trial court sanctioned Cash Express for discovery abuse, Cash Express nonsuited its case, and now appeals the sanction order.

We hold that a plaintiff who has taken a non-suit cannot complain on appeal of any sanctions granted by the trial court before the non-suit. See Cornish v. Houston Terminal Land Co., 257 S.W. 575, 578 (Tex.Civ.App.—Galveston 1923, no writ); Levinski v. Williamson, 15 Tex.Civ.App. 67, 38 S.W. 376 (1896, no writ); TEX.R. CIV.P. 162.

Accordingly, we hold that Cash Express is not entitled to be heard in this court upon the points of error it urges concerning the sanction order, and we dismiss this appeal.

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