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Legal Opinion

Morgan v. Timmers Chevrolet, Inc.

Texas Court of Appeals, 1st District (Houston)

Decided October 7, 1999No. 01-97-01325-CVPublishedCited by 19 opinions

1Opinion of the Court

OPINION

MARGARET GARNER MIRABAL, Justice.

Richard Morgan and his family, plaintiffs below, appeal a take-nothing judgment in favor of Timmers Chevrolet, Inc., following a bench trial in this personal injury case. 1 The controlling issue is whether the trial court abused its discretion when it granted Timmers Chevrolet’s motion to withdraw deemed admissions after the trial was well underway. We reverse.

Case Background

This lawsuit arose out of a work-related accident. Timmers Chevrolet hired A.C. Collins Ford to repair a transmission. A Timmers Chevrolet employee placed the transmission in the…

2Cases cited7 opinions

  1. Stelly v. PapaniaTexas Supreme Court · 1996
  2. Marshall v. ViseTexas Supreme Court · 1989
  3. Employers Insurance of Wausau v. Halton, Texas Court of Appeals, 5th District (Dallas)1990
  4. Graco Robotics, Inc. v. Oaklawn Bank, Texas Court of Appeals, 6th District (Texarkana)1996
  5. North River Insurance Co. of New Jersey v. Greene, Texas Court of Appeals, 8th District (El Paso)1992

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3Cited by19 opinions

  1. Texas Capital Securities, Inc. v. Sandefer, Texas Court of Appeals, 1st District (Houston)2001
  2. Watson v. Dallas Independent School District, Texas Court of Appeals, 10th District (Waco)2004
  3. Time Warner, Inc. and Time Warner Cable, LLC v. Dulio Gonzalez, Texas Court of Appeals, 4th District (San Antonio)2014
  4. In Re Kellogg-Brown & Root, Inc., Texas Court of Appeals, 12th District (Tyler)2001
  5. In re SewellCourt of Appeals of Texas · 2015

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