OPINION
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Marino v. King (Tex. 2011)(Per Curiam Opinion)
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FULL TEXT OF OPINION [ forthcoming ]
Opinions are available in pdf from the Court's website. Follow docket-number hotlink or click the case-style
hyperlink to view or retrieve pdf file.
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OPINION OF THE COURT OF APPEALS BELOW: Court of Appeals
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Also see: Texas Causes of Action | 2011 Texas Supreme Court Opinions | 2011 Tex Sup Ct Per Curiams
Marino v. King, No. 10-0854 (Tex. Oct 21, 2011) (per curiam)(deemed admissions as basis for summary
judgment, non-merits disposition reversed)
LYNDA MARINO v. CHARLES KING; from Brazos County;
10th district (10-09-00368-CV, ___ SW3d ___, 09-01-10)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing
oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court.
Per Curiam Opinion
View Electronic Briefs in 10-0854 MARINO v. KING
EXCERPT FROM TEXAS SUPREME COURT'S OPINION
This is an appeal from a summary judgment based on deemed admissions. By rule, a request
for admission is considered admitted if a response is not timely served. TEX. R. CIV. P. 198.3. The
response in this case was a day late, and the requested admissions were deemed admitted under the
rule. The trial court granted a subsequent motion for summary judgment, based on these admissions,
after the pro se litigant did not file a written response to the motion asking for them to be withdrawn.
The court of appeals likewise affirmed the summary judgment, concluding that the litigant had
waived complaint by never formally asking the trial court to withdraw the deemed admissions on
which the summary judgment was based. ___ S.W.3d ___, ___ (Tex. App.—Waco 2010) (mem.
op.).