Palo Pinto County v. Lee
988 S.W.2d 739, 42 Tex. Sup. Ct. J. 42, 1998 Tex. LEXIS 141, 1998 WL 716953
This text of 988 S.W.2d 739 (Palo Pinto County v. Lee) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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Palo Pinto County v. Lee, 988 S.W.2d 739, 42 Tex. Sup. Ct. J. 42, 1998 Tex. LEXIS 141, 1998 WL 716953 (Tex. 1998).
Opinion
We deny Palo Pinto’s petition for review. However, we note that in discussing Rule 21 of the Texas Rules of Civil Procedure, the court of appeals held:
[T]he County presented its oral motion to strike Lee’s response on the day set for the summary judgment hearing when the trial court was hearing “preliminary matters before we get to the motion for summary judgment.” This was not an oral motion “presented during a hearing or trial.”
966 S.W.2d 83, 85. We disapprove of this language to the extent the court concluded that Palo Pinto did not present its oral mo *740 tion to strike during a hearing. See Tex.R. Civ. P. 21.
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Bluebook (online)
988 S.W.2d 739, 42 Tex. Sup. Ct. J. 42, 1998 Tex. LEXIS 141, 1998 WL 716953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palo-pinto-county-v-lee-tex-1998.