in Re: Steven L. Hodge D/B/A H & M Farms
Steven Hodge d/b/a H&M Farms (Hodge) sought a writ of mandamus to vacate a trial court order granting deemed admissions against him in a workers' compensation death benefits lawsuit. The underlying suit was initiated by Janet Fitts and Pam Gill, as next friends for the minor children of the deceased, Billy McClintock. The trial court, citing prior stipulations made by Hodge in an earlier related case, deemed admissions against Hodge, believing he was collaterally estopped from denying these facts. The Court of Appeals, however, determined that the trial court abused its discretion by evaluating the merits of Hodge's denials in a motion to deem admissions, as Texas Rule of Civil Procedure 198 only permits such actions for untimely, evasive, or incomplete responses. Concluding that Hodge lacked an adequate remedy by appeal given that the deemed admissions would prevent him from presenting any defense, the appellate court conditionally granted the writ, ordering the trial court to vacate its admissions order.