Marino v. King

Summary

The Texas Supreme Court held that a pro se litigant did not waive her challenge to deemed admissions by failing to formally request their withdrawal before or after summary judgment. Because her late responses resulted from mistake rather than flagrant bad faith or callous disregard, and withdrawal would not unduly prejudice the opposing party, the deemed admissions should have been withdrawn. The court reversed the court of appeals and remanded for further proceedings.

Holdings

1. Marino did not waive her complaint concerning the deemed admissions because her arguments at the summary judgment hearing and in her motion for new trial adequately preserved the error, even though she did not formally request withdrawal of the admissions.
2. The deemed admissions had to be withdrawn because Marino established good cause and King failed to show undue prejudice.
3. A summary judgment based solely on deemed admissions that preclude presentation of the merits requires a showing of flagrant bad faith or callous disregard for the rules; that showing was absent here.

Questions Presented

1. Whether Marino preserved her complaint regarding the deemed admissions despite not filing a formal written request to withdraw them.
2. Whether good cause and lack of undue prejudice required allowing Marino to withdraw the deemed admissions.
3. Whether summary judgment based solely on deemed admissions was permissible absent flagrant bad faith or callous disregard for the rules.

Disposition

reversed_and_remanded