in Re American Gunite Management Company, Inc.

02-11-349-CV

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-11-00349-CV

In re American Gunite Management Company, Inc.

RELATOR

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ORIGINAL PROCEEDING

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MEMORANDUM OPINION[1]

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The issue we address in this original proceeding is whether the trial court abused its discretion by denying Relator American Gunite Management Company, Inc.’s motion to withdraw deemed admissions. Because the deemed admissions are merits-preclusive (in fact, Real Party in Interest Plaintiff has filed a motion for summary judgment in the trial court based solely on the deemed admissions), we…