Cherry v. North American Lloyds of Texas

OPINION ON MOTION FOR REHEARING

Plaintiff filed a motion for rehearing asking this Court to consider the response he filed to the summary judgment as a motion to set aside the deemed admissions. Plaintiff relies on Tex.R.Civ.P. 1 and 71.

Under the misnomer of pleadings rule, Tex.R.Civ.P. 71, when a party mistakenly designates a pleading, the court may, if justice requires, treat it as a correctly named motion. An incorrect title to a pleading does not change the nature of the pleading. Dow Chem. Co. v. Public Util. Comm’n of Texas, 601 S.W.2d 506, 507 (Tex.Civ.App.—Beaumont 1980, writ ref’d…