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09‑0331  SYBLE HOOD AND TOM H. WHITESIDE v. EDWARD D. JONES & CO., L.P. AND ROBBY R.
ROGERS; from Andrews County; 8th district (08-07-00324-CV, 277 SW3d 505, 01‑29‑09)
This appeal arises from a lawsuit filed by Syble Hood against Edward D. Jones & Co., L.P. and Robby
R. Rogers for wrongful discharge based on age discrimination. Summary judgment was granted in
favor of Rogers on October 12, 2006. Two weeks later, Hood's claims against Jones were submitted
to a jury, which returned a take-nothing judgment in Jones' favor. The next day, Hood sought relief
pursuant to Rule 166a(h) (1) based on
discrepancies between affidavits filed in support of
Rogers' motion for summary judgment and trial testimony offered by Rogers and other Jones'
employees. She also filed a motion for sanctions pursuant to
Rule 13. Over the next few months,
Hood filed two supplements to these motions, a motion to compel discovery, two subpoenas dueces
tecum, and additional requests for production of documents. Appellees filed responses claiming
attorney/client privilege, a motion to quash the subpoena duces tecum, a motion for protective order,
and a request for expenses pursuant to Rule 215.1(d). Ultimately, the trial court denied relief to Hood
and awarded attorney's fees and costs in favor of Appellees instead. (2) Hood and her attorney filed
a joint notice of appeal. This appeal addresses only the
denial of Hood's requested sanctions
and the fees and costs awarded against her attorney.