in Re: William B. Adams ( 2015 )

DENY; and Opinion Filed May 8, 2015.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00536-CV
IN RE WILLIAM B. ADAMS, Relator
Original Proceeding from the 191st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-11-08224
MEMORANDUM OPINION
Before Justices Francis, Myers, and Schenck
Opinion by Justice Schenck
Relator filed this petition for writ of mandamus requesting that the Court order the trial
court to allow to him to withdraw deemed admissions after he twice failed to respond to the
requests in a timely fashion. A party may withdraw deemed admissions upon a showing of (1)
good cause, and (2) the absence of undue prejudice to the opponent. Wheeler v. Green, 157
S.W.3d 439, 442 (Tex. 2005). Good cause is established by showing the failure involved was an
accident or mistake, not intentional or the result of conscious indifference. Stelly v. Papania,
927 S.W.2d 620, 622 (Tex. 1996). Based on the facts of this case, the trial court could have
reasonably concluded that relator’s repeated failure to respond in a timely fashion to the requests
for admission was intentional or the result of conscious indifference.
We DENY the petition. TEX. R. APP. P. 52.8
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE
150536F.P05
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