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Sanchez v. Rodriguez8/23/2001
in the subpoena duces tecum attached to his deposition notice.
The court granted the motions as to five of the objections, and granted the motion in part on the two remaining objections. On appeal, appellants assert only that appellees failed to present evidence of privilege which would justify protection of the documents from disclosure. See Peeples v. Hon. Fourth Sup. Jud. Dist., 701 S.W.2d 635, 637 (Tex. 1985) (burden on party asserting privilege from discovery to produce evidence concerning applicability of particular privilege). It is undisputed, however, that appellees asserted numerous grounds in opposing production of the requested documents. Frank objected that the requested discovery was (1) vague, ambiguous, overly broad, (2) unduly burdensome, (3) harassing, and (4) violative of Frank's privacy rights as well as the privacy rights of his clients and business associates. Both Rudy and Frank objected that none of the requested documents at issue were relevant, or calculated to lead to the discovery of relevant documents.
The trial court granted the motion on the grounds that one of the challenged requests was overbroad. The court generally granted the motion, without specifying the grounds, as to all other challenged requests. Appellants have not asserted the trial court erred in granting protection from discovery on any ground other than privilege. By failing to attack all grounds upon which the trial court decision may have been based, appellants have failed to preserve this argument for review. Cf. K-Mart Corp. v. Honeycutt, 24 S.W.3d 357, 360 (Tex. 2000) (because trial court did not specify ground for excluding testimony, its ruling will be affirmed if any ground is meritorious). Furthermore, to the extent appellants' argument could be construed to suggest evidence is required for relevancy objections, the Texas Supreme Court has held evidence is not required in support of an assertion relating to discovery when evidence is unnecessary to decide the matter. See In re Union Pac. Res. Co., Inc., 22 S.W.2d 338, 340-41 (Tex. 1999).
We conclude the trial court did not abuse its discretion in granting appellees' motions for protective orders. Appellants' first point as to Frank, and their first and second points as to Rudy, are overruled.
VI. APPELLEES' MOTIONS FOR SANCTIONS
By their fifth point of error as to each appellee, appellants contend the trial court erred in granting appellees' motions for sanctions and disallowing further discovery, and ordering a monetary sanction in the amount of $2,572.50 in favor of Rudy and $6,550.00 in favor of Frank.
On April 7, 1999, appellees filed motions for sanctions, asserting appellants had abused the discovery process by failing and refusing to appear for their depositions. They challenged appellants' assertion that there was an agreement with Frank that he would give his deposition before appellants gave their depositions. By supplemental motion filed on April 26, 1999, Frank also asserted appellants abused the discovery process by serving a subpoena and deposition on written questions to Texas State Bank seeking discovery of Frank's IOLTA account records, without copying counsel for appellees, and by failing to comply with the court protective order related to items requested in a deposition subpoena duces tecum. On April 30, 1999, the court conducted a hearing on the motions for sanctions. On September 10, 1999, the trial court signed two orders finding appellants and their counsel had "repeatedly abused the discovery process in seeking and resisting discovery, in filing frivolous motions, and in serving subpoenas duces tecum which [were] unreasonably frivolous, oppressive and harassing."
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