A pizza the case …

In In re Euless Pizza, the Texas Supreme Court held that a trial court abused its discretion by denying the defendants’ request to withdraw and amend their initial responses to requests for admission.

The defendants initially admitted that the driver involved in the accident was acting within the scope of his employment, but later sought to amend these admissions based on new information obtained through further investigation. The supreme court held that the defendants showed good cause, as their initial responses were based on a misunderstanding and incomplete information, and a lack of undue prejudice, in that discovery was still ongoing and the trial had not yet been rescheduled.

This opinion is part of a broader pattern of short, per curiam opinions from the supreme court that stress the importance of reaching the merits of cases. And it’s important as a straightforward example of the general two-part test for discovery supplementation in Texas state courts. No. 23-0830 (Tex. Dec. 6, 2024).