(Download) "Spiecker v. Petroff" by In the Court of Appeals Fifth District of Texas at Dallas ~ Book PDF Kindle ePub Free
eBook details
- Title: Spiecker v. Petroff
- Author : In the Court of Appeals Fifth District of Texas at Dallas
- Release Date : January 11, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Joseph M. Spiecker and Legal Presentations, Ltd. (Spiecker) appeal a summary judgement granted to Kip Petroff and Kip Petroff, P.C. (Petroff), and Judson Francis, Jr. and Francis & Cross, P.C. (Francis). In six points of error, Spiecker generally complains the trial court erred in shortening the deadline for responding to requests for admission from thirty days, as provided by rule 169 of the Texas Rules of Civil Procedure, to fourteen days. As a result of this change, Spiecker argues the trial court erred in (1) overruling Spieckers motion to extend time for filing responses to request for admissions, (2) deeming admitted Petroffs first request for admissions, (3) granting Petroffs motion for summary judgement with the deemed admissions as the sole evidence, (4) granting Franciss motion for summary judgement with the deemed Petroff admissions, (5) granting Franciss motion for summary judgement on the basis of Petroffs admissions which the court deemed denied, and (6) applying a local rule to determine the merits of a case in violation of rule 3(a) of the Texas Rules of Civil Procedure. Because we agree that the trial court erred in overruling Spieckers motion to extend time for filing admissions and deeming admitted Petroffs requests for admissions, we reverse and remand.