Stelly v. Papania
Texas Supreme Court
1Per curiam
We consider whether a trial court abuses its discretion by allowing a party to withdraw and amend its original answers to a request for admissions. We hold that a trial court does not abuse its discretion when the moving party shows: (1) good cause; (2) that the party relying on the responses will not be unduly prejudiced; and (3) that the withdrawal will serve the purpose of legitimate discovery and the merits of the case. Accordingly, we reverse the judgment of the court of appeals and remand the case to that court to determine the merits of the appeal.
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2Cases cited8 opinions
- Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
- Simon v. York Crane & Rigging Co., Inc.Texas Supreme Court · 1987
- Jampole v. TouchyTexas Supreme Court · 1984
- Sanders v. HarderTexas Supreme Court · 1950
- Employers Insurance of Wausau v. Halton, Texas Court of Appeals, 5th District (Dallas)1990
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3Cited by154 opinions
- Wheeler v. GreenTexas Supreme Court · 2005
- Carpenter v. Cimarron Hydrocarbons Corp.Texas Supreme Court · 2002
- Marino v. KingTexas Supreme Court · 2011
- Texas Capital Securities, Inc. v. Sandefer, Texas Court of Appeals, 1st District (Houston)2001
- Johnson v. Davis, Texas Court of Appeals, 14th District (Houston)2005
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