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Cedyco Corp. v. Whitehead

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OPINION

Appealing from a summary judgment entered in favor of Anderson Martin Whitehead (“Whitehead”), Cedyco Corporation (“Cedyco”) raises two issues. First, Cedyco contends that the trial court “erred in entering summary judgment . . . based on two broad requests for admissions, which were deemed admitted” and, second, Cedyco contends that the trial court “abused its discretion in refusing to grant the motion to undeem the requests for admissions.” From the substance of Cedyco’s first issue, we understand it as complaining of Whitehead’s failure to support his summary judgment motion with proper summary-judgment evidence. We agree and reverse the summary judgment.

The record indicates that in April of 2006, Whitehead petitioned the trial court for a judgment declaring certain assignments purportedly held by Cedyco to a $1.3 million judgment “null and void, without force or effect, and that any abstracts, writs, or other instruments issued pursuant to same are declared also to be null and void[.]” Whitehead alleges that the money-judgment at issue, entered in September of 1984, in a Jasper County district court, was assigned and transferred to him via a negotiated settlement agreement during the pendency of a separate and unrelated 1997 lawsuit, styled, Head Oil Prod. Co. v. Marvin Whitehead et al., Trial Cause Number 17,205. As part of his 2006 declaratory judgment action, Whitehead served requests for admissions on Cedyco. When Cedyco failed to timely respond to the requests for admissions, they were deemed admitted by Cedyco. See Tex. R. Civ. P. 198.2(a) (a party must respond to requests for admissions within thirty days); 198.2(c) (“ If a response is not timely served, the request is considered admitted without the necessity of a court order.”).

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