STELLY v. PAPANIA

No. 96-0274.

927 S.W.2d 620 (1996)

Ermon STELLY, Petitioner, v. Michael PAPANIA, Respondent.

Supreme Court of Texas.

Rehearing Overruled September 19, 1996.


Attorney(s) appearing for the Case

Michael J. Truncale, Martha R. Campbell, Beaumont, for petitioner.

Thomas P. Roebuck, Jr., L.K. Greer, Brett S. Thomas, Beaumont, for respondent.


PER CURIAM.

We consider whether a trial court abuses its discretion by allowing a party to withdraw and amend its original answers to a request for admissions. We hold that a trial court does not abuse its discretion when the moving party shows: (1) good cause; (2) that the party relying on the responses will not be unduly prejudiced; and (3) that the withdrawal will serve the purpose of legitimate discovery and the merits of the case. Accordingly, we reverse the...

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