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Petree v. Southern Farm Bureau Casualty Insurance Co.

In appellant's first issue, she argues that the trial court denied her due process by granting the appellees' motions for summary judgment based on the deemed admissions, particularly when she did not receive the requests in the first place. Under the record, there is no evidence of flagrant bad faith or callous disregard for the rules on appellant's part. There is no evidence that the appellees would be unable to prepare for a trial on the merits if appellant's admissions were withdrawn or would suffer undue prejudice. The trial court erred in granting summary judgment. Corpus Christi Court of Appeals, No. 09-30255, 06-29-2010

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OPINION

Before Justices Yañez, Benavides, and Vela

Appellant, Janice Petree, appeals from the trial court’s granting of summary judgment in favor of appellees, Allstate Indemnity Company*fn1 (“Allstate”) and Southern Farm Bureau Casualty Insurance Company (“Southern Farm Bureau”) (collectively, the “Appellees”). Petree asserts that (1) her due process rights were denied when the trial court granted summary judgment based on deemed admissions when she was never served with the request for admissions; and (2) the trial court erred by not granting Petree’s motion for new trial because there was no competent summary judgment proof supporting the appellees’ motions for summary judgment. We reverse and remand.

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