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CUDD v. HYDROSTATIC TRANSMISSION, INC.

No. 13-92-478-CV.

867 S.W.2d 101 (1993)

John M. CUDD, Individually and D/B/A Cudd Hydraulic Co., Appellant, v. HYDROSTATIC TRANSMISSION, INC., Appellee.

Court of Appeals of Texas, Corpus Christi.

November 30, 1993.

Attorney(s) appearing for the Case

Savannah Robinson, Cox & Robinson, Corpus Christi, for appellant.

John S. Warren, LeLaurin & Adams, Corpus Christi, for appellee.

Before SEERDEN, C.J., and KENNEDY, and FEDERICO G. HINOJOSA, JJ.

OPINION

KENNEDY, Justice.

The trial court awarded Hydrostatic Transmission, Inc. summary judgment against John Cudd, individually and d/b/a Cudd Hydraulic Co., on Hydrostatic's suit on an open or sworn account. The summary judgment was based on deemed admissions. By four points of error, Cudd challenges the deeming of the admissions and the consequent grant of summary judgment. We reverse and remand.

The procedural facts are not disputed....

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