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MORGAN v. TIMMERS CHEVROLET, INC.

No. 01-97-01325-CV.

1 S.W.3d 803 (1999)

Richard MORGAN, Donna Morgan, Melissa Morgan, Kelly Morgan, and Samantha Morgan, Appellants, v. TIMMERS CHEVROLET, INC., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled October 7, 1999.

Attorney(s) appearing for the Case

David P. Matthews, Houston, Dale W. Felton, Katy, Timothy Hootman, Houston, for Appellant.

Geoffrey H. Bracken, Houston, for Appellee.

Panel consists of Justices MIRABAL, O'CONNOR, and NUCHIA.

OPINION

MARGARET GARNER MIRABAL, Justice.

Richard Morgan and his family, plaintiffs below, appeal a take-nothing judgment in favor of Timmers Chevrolet, Inc., following a bench trial in this personal injury case.1 The controlling issue is whether the trial court abused its discretion when it granted Timmers Chevrolet's motion to withdraw deemed admissions after the trial was well underway. We reverse.

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