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CHERRY v. NORTH AMERICAN LLOYDS OF TEXAS

No. 01-88-00203-CV.

770 S.W.2d 4 (1989)

Carl CHERRY, Appellant, v. NORTH AMERICAN LLOYDS OF TEXAS, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied April 27, 1989.

Attorney(s) appearing for the Case

R.R. Rainosek, Houston, for appellant.

Alice M. Giessel, Richard S. Joseph, Jr., of Giessel, Stone, Barker & Lyman, Houston, for appellee.

Before EVANS, C.J., and DUGGAN and O'CONNOR, JJ.

O'CONNOR, Justice.

Plaintiff appeals from a summary judgment based on deemed admissions. He claims the trial court should have considered his answers to the requests for admissions before it entered the summary judgment.

Reversal requires two rulings by this Court: (1) plaintiff served his answers to the answers to the requests for admissions on time; and (2) the trial court should not have granted the motion for summary judgment. We cannot make either ruling...

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