In Re Rozelle

Opinion by

PHYLIS J. SPEEDLIN, Justice.

On January 25, 2007, relator, Pete Rozelle, Jr., filed a petition for writ of mandamus seeking relief from an order denying his motion to withdraw deemed admissions under Tex.R. Civ. P. 198.3. The court has heard oral argument and considered relator’s petition for writ of mandamus, the responses by the real parties in interest, and the relator’s reply. Because we hold that the trial court abused its discretion in denying Rozelle’s request to withdraw his deemed admissions, we conditionally grant the writ of mandamus, and order the trial court to vacate…