Curry v. Clayton

SCALES, Justice.

Curry, the defendant below, appeals from a summary judgment rendered in favor of Clayton, the plaintiff below. In his sole ground of error, Curry contends that “the trial court erred in granting summary judgment based upon the court’s interpretation of Rule 169, Texas Rules of Civil Procedure, that it did not have discretion to allow the late filing of responses” to Clayton’s requests for admissions. We hold that the trial court had discretion to strike admissions which had been deemed admitted under Rule 169 and to permit the late filing of responses to requests for…