Palo Pinto County v. Lee

988 S.W.2d 739, 42 Tex. Sup. Ct. J. 42, 1998 Tex. LEXIS 141, 1998 WL 716953

Opinion

PER CURIAM.

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 tion to strike during a hearing. See Tex.R. Civ. P. 21.