Rosenthal v. National Terrazzo Tile & Marble, Inc.

OPINION

ROBERTSON, Justice.

This appeal is from a summary judgment in a suit on a sworn account and for foreclosure of a lien. Issues on appeal concern the propriety of granting summary judgment, refusal of the trial court to grant appellant’s motion to withdraw admissions and refusal to grant a new trial. We affirm.

Appellee furnished and installed marble in appellant’s home pursuant to a contract. The sum of $25,000 remained unpaid. Following notice, a mechanic’s and material-man’s lien was filed, followed by a suit on a sworn account which was filed on June 24, 1985. Appellant answered, pro…