law-deemed-admissions

law-deemed-admissions | motion to strike undeem deemed admissions | order granting withdrawal of deemed
admissions | facts deemed admitted by operation of the rule governing requests for admissions |

DEEMED ADMISSIONS CASES AND CASE LAW

Wright v. Atlantic Credit and Finance, Inc. (Tex.App.- Houston [1st Dist.] Dec. 10, 2009)(Alcala)
We conclude Wright did not plead the statute of limitations and Wright's deemed admissions and Atlantic's
uncontroverted summary judgment evidence conclusively establish Atlantic's entitlement to recover on breach
of contract and its entitlement to attorney's fees. We affirm.
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Elsa Alcala
Before Justices Keyes, Alcala and Hanks
01-09-00135-CV Darryl G. Wright v. Atlantic Credit and Finance, Inc.
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge: Hon. Roberta A. Lloyd
Wright never responded to Atlantic's requests for admissions. Unanswered requests for admissions are
deemed admitted and any matter thus admitted is "conclusively established" as being true. Tex. R. Civ. P.
198.3; see Wal-Mart Stores, Inc., v. Deggs, 968 S.W.2d 354, 355 (Tex. 1998).
Atlantic submitted the deemed admissions in support of its motion for summary judgment. In addition, Atlantic
submitted an affidavit in which one of its employees stated Atlantic had been assigned Wright's account by
Household Bank and its records showed Wright had last made a payment in January 2006.
deemed admissions and the uncontroverted affidavit establish: (1) the existence of a valid contract; (2)
performance by the Household; (3) breach of contract by Wright; and (4) damages sustained as a result of the
breach. See Williams, 264 S.W.3d at 235-36. Furthermore, the deemed admissions specifically cover the
agreed upon interest rate. See id. at 236. We hold the trial court properly rendered summary judgment on the
claim for breach of contract. We overrule Wright's third issue.

FACTS ADMITTED BY DEEMED ADMISSIONS VS. LEGAL CONCLUSIONS
Elliot v. Newsom (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(Alcala)
(no deemed admissions as to legal conclusions)
REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Alcala
Before Chief Justice Radack, Justices Alcala and Hanks
01-07-00692-CV Roger L. Elliot and Tracy Dehmer v. John Paul Newsom and JPN Properties
Appeal from 234th District Court of Harris County
Trial Court Judge: Hon. Reece Rondon

Debt Collector prevails in appeal from judgment based on deemed admissions and its own
business records affidavit; challenges to affidavit overruled
Unifund CCR Partners v. Gellatly (Tex.App.- Houston [1st Dist.] July 3, 2008)(Nuchia)
(credit card suit by assignee against consumer, deemed admissions, sufficiency of summary judgment proof,
breach of contract and quantum meruit exclusive of each other)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Alcala and Hanks
01-07-00552-CV Unifund CCR Partners v. Sara Morgan Gellatly
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge: Hon. Roberta A. Lloyd

Debt Collector Prevails with Dubious Legal Theories Based on Deemed Admissions; Whether Suit
on Sworn Account Is Proper for Collection of Credit Card Debt Is Not Decided In This Appeal from a
Debt Collection Suit
Rowlands v. Unifund CCR Assignee of Citibank (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Justice
Frost)(deemed admissions, sworn account suit)
AFFIRMED: Opinion by Justice Kem Frost
Before Justices Fowler, Edelman and Frost
14-05-01122-CV Keith Rowlands v. Unifund CCR as Assignee of Citibank
Appeal from County Civil Court at Law No 3 of Harris County (Judge Lynn M. Bradshaw-Hull)
Because the deemed admissions establish as a matter of law that no genuine issue of material fact exists as to
the essential elements of Unifund's claim, summary judgment was proper. Accordingly, we overrule Rowland's
issues and affirm the trial court's judgment.

Turning the tables on debt collector with deemed admissions in FDCPA suit in federal court:
Third-party debt collector brought suit to confirm arbitration award entered under the FAA in a state court after
the one-year statute of limitations had passed (it later non-suited). Debt collector did not answer discovery
requests when subsequently sued for violating the Federal Fair Debt Collection Practices Act (FDCPA) in the
U.S. District Court for the Southern District of Texas- Houston Division. Magistrate judge denied Debt
Collector's Motion to Withdraw Deemed Admissions in FDCPA action, and Motion to E nlarge Time to File
Dispositive Motio
Summary Judgment granted in FDCPA suit based on deemed admissions. Debt collector had failed to answer
requests for admissions and other discovery and had thus admitted violation of federal law.

HO USTON COURTS OF APPEALS CASE LAW CITES AND SNIPPETS ON --> judicial admissions
TEXAS COURT OF APPEALS OPINIONS --> Te xas Deemed Admissions Caselaw
HOUSTON OPINIONS HOME PAGE