In Re Kevin Abercrombie, Christie Abercrombie, 280 Sports, LLC, and Abercrombie Holdings, LLC v. the State of Texas ( 2024 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-23-00395-CV
IN RE KEVIN ABERCROMBIE, CHRISTIE § Original Proceeding
ABERCROMBIE, 280 SPORTS, LLC, AND
ABERCROMBIE HOLDINGS, LLC, § 352nd District Court of Tarrant
Relators County, Texas
§ Trial Court No. 352-331310-22
§ February 29, 2024
§ Memorandum Opinion by Justice
Birdwell
JUDGMENT
This court has considered relators’ petition for writ of mandamus and holds
that the petition should be conditionally granted in part. Accordingly, we conditionally
grant the writ of mandamus and direct the trial court to vacate its order denying
relators’ motion to withdraw those admissions that are merits-preclusive (nos. 5–14,
and 17–21 for those requested of 280 Sports, LLC; and nos. 2–9 and 12–13 for those
requested of Abercrombie Holdings, LLC). The remaining non-merits-preclusive
requests for admissions (nos. 1–4, 15–16, and 22 for those requested of 280 Sports,
LLC; and nos. 1, 10–11, and 14 for those requested of Abercrombie Holdings, LLC)
are deemed admitted by relators.
It is further ordered that real party in interest David Abercrombie shall pay all
of the costs of this proceeding, for which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By /s/ Wade Birdwell
Justice Wade Birdwell