Legal Opinion
Cherry v. North American Lloyds of Texas
Texas Court of Appeals, 1st District (Houston)
Decided February 23, 1989No. 01-88-00203-CVPublishedCited by 15 opinions
1Opinion of the Court
O’CONNOR, Justice.
Plaintiff appeals from a summary judgment based on deemed admissions. He claims the trial court should have considered his answers to the requests for admissions before it entered the summary judgment.
Reversal requires two rulings by this Court: (1) plaintiff served his answers to the answers to the requests for admissions on time; and (2) the trial court should not have granted the motion for summary judgment. We cannot make either ruling.
I. The Deemed Admissions.
Plaintiff claims he served'* Ms answers on time because he mailed them to defendant within 33 days of the day he…
2Cases cited5 opinions
- Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
- Curry v. Clayton, Texas Court of Appeals, 5th District (Dallas)1986
- Barker v. Harrison, Texas Court of Appeals, 1st District (Houston)1988
- M & M Construction Co. v. Great American Insurance Co., Texas Court of Appeals, 13th District1988
- Reyes v. International Metals Supply Co., Texas Court of Appeals, 1st District (Houston)1984
3Cited by15 opinions
- Hill v. Heritage Resources, Inc., Texas Court of Appeals, 8th District (El Paso)1998
- Mid-Century Insurance Co. of Texas v. BarclayCourt of Appeals of Texas · 1994
- In the Interest of S.M.V.Court of Appeals of Texas · 2009
- Cudd v. Hydrostatic Transmission, Inc., Texas Court of Appeals, 13th District1993
- Ruiz v. Nicolas Trevino Forwarding Agency, Inc., Texas Court of Appeals, 4th District (San Antonio)1994
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