Legal Opinion
Cudd v. Hydrostatic Transmission, Inc.
Texas Court of Appeals, 13th District
Decided November 30, 1993No. 13-92-478-CVPublishedCited by 16 opinions
1Opinion of the Court
OPINION
KENNEDY, Justice.
The trial court awarded Hydrostatic Transmission, Inc. summary judgment against John Cudd, individually and d/b/a Cudd Hydraulic Co., on Hydrostatic’s suit on an open or sworn account. The summary judgment was based on deemed admissions. By four points of error, Cudd challenges the deeming of the admissions and the consequent grant of summary judgment. We reverse and remand.
The procedural facts are not disputed. 1 Hydrostatic mailed its requests for admissions to Cudd on December 30, 1991. Cudd did not receive the requests until January 8, 1992. 2 Cudd mailed his…
2Cases cited9 opinions
- Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
- Sanders v. HarderTexas Supreme Court · 1950
- Esparza v. DiazCourt of Appeals of Texas · 1990
- Employers Insurance of Wausau v. Halton, Texas Court of Appeals, 5th District (Dallas)1990
- North River Insurance Co. of New Jersey v. Greene, Texas Court of Appeals, 8th District (El Paso)1992
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In Re the Estate of Herring, Texas Court of Appeals, 13th District1998
- Webb v. Ray, Texas Court of Appeals, 14th District (Houston)1997
- Southwestern Bell Telephone Co. v. Perez, Texas Court of Appeals, 4th District (San Antonio)1995
- Credit Car Center, Inc. v. Chambers, Texas Court of Appeals, 8th District (El Paso)1998
- in Re Seizure of Gambling Proceeds, Texas Court of Appeals, 14th District (Houston)2012
11 more not listed; retrieve them via the Exa API.