in Re: Juan Carlos Bermudez ( 2015 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§ No. 08-15-00200-CV
IN RE: JUAN CARLOS BERMUDEZ,
§ ORIGINAL PROCEEDING
Relator. § ON PETITION FOR WRIT OF
§ MANDAMUS
DISSENTING OPINION
I respectfully dissent from the opinion and judgment denying the motion to stay and
refusing to grant mandamus relief. The mandamus petition and record present a serious question
whether the trial court abused its discretion by refusing to withdraw the deemed admissions
which will operate to preclude Relator’s claim for reimbursement. Requests for admissions are
intended to be used to eliminate matters about which there is no real controversy and were never
intended to be used as a demand upon a plaintiff or defendant to admit that he had no cause of
action or ground of defense. Soto v. General Foam & Plastics Corporation, 458 S.W.3d 78, 83
(Tex.App.--El Paso 2014, no pet.). Absent bad faith or callous disregard for the rules, due
process bars merits-preclusive sanctions. Id. I would grant the motion to stay and hear the
mandamus petition on the merits.
YVONNE T. RODRIGUEZ, Justice
July 9, 2015
Before McClure, C.J., Rodriguez, and Hughes, JJ.