Estate of Samantha Skaggs; Robbin Skaggs, Individually and as Personal Representative of the Estate of Samantha Skaggs; and Walter Skaggs Sr. v. Peternett, Inc. d/b/a Showdown; Richard P. Hartnett; John Hartnett; and Heather Marquez

Summary

The Texas Court of Appeals for the Second District affirmed a no-evidence summary judgment in favor of Showdown in a wrongful-death and Texas Dram Shop Act case. The court held that the appellants’ failure to conduct discovery for approximately two years did not require the trial court to enter or modify a Level 3 discovery-control plan or grant a continuance. Because the appellants did not challenge the order striking all of their summary-judgment evidence, the court upheld the no-evidence judgment.

Holdings

1. The trial court acted within its discretion in refusing to modify or reopen the discovery period and in declining to enter a Level 3 discovery-control order because Appellants did not timely seek such an order, conducted no discovery for two years, and did not demonstrate circumstances requiring additional discovery in the interest of justice.
2. The trial court properly granted no-evidence summary judgment because Appellants did not challenge the order sustaining Showdown's objections to all of their summary-judgment evidence, leaving no evidence to raise a genuine issue of material fact.

Questions Presented

1. Whether the trial court abused its discretion by refusing to permit Appellants to conduct additional discovery or enter a Level 3 discovery-control plan after Appellants failed to conduct discovery during the applicable period.
2. Whether the trial court properly granted Showdown's no-evidence motion for summary judgment when Appellants did not challenge the order sustaining objections to all of their summary-judgment evidence.

Disposition

affirmed