Court of Appeals of Texas, Fourth District, San Antonio
Michael P. SULLIVAN, et al. Appellants
PORTABLE STORAGE OF MINNESOTA INC., et al., Appellees
the County Court at Law No. 10, Bexar County, Texas Trial
Court No. 2015CV04028 Honorable Jason Wolff, Judge Presiding.
Sitting: Patricia O. Alvarez, Justice, Luz Elena D. Chapa,
Justice, Irene Rios, Justice.
Patricia O. Alvarez, Justice.
Portable Storage of Minnesota, Inc. sued Appellant Michael P.
Sullivan on sworn account. On December 18, 2015, the trial
court granted Portable Storage's motion for summary
judgment based on Sullivan's deemed admissions. On
February 11, 2016, the trial court denied Sullivan's
motion for new trial; Sullivan appealed. We affirm the trial
and Procedural Background
Storage is a Minnesota corporation that buys and sells
storage containers. In the usual course of business, Portable
Storage sold and delivered goods, wares, merchandise, and
services to Sullivan. The business relationship began in
December of 2007 and, following a dispute regarding payment
ended in May of 2009. In July 2015, Portable Storage filed
suit on a sworn account against Sullivan.
the dates of court filings and hearings are vital to our
analysis, we set them out in detail below.
July 7, 2015: Portable Storage filed its original petition,
in a suit on sworn account, alleging Sullivan owed Portable
Storage $16, 562.02 for goods and services.
October 26, 2015: Sullivan's trial counsel filed his
Original Answer asserting a general denial, verified pleas,
affirmative defenses, and special exceptions.
October 29, 2015: Portable Storage's Request for
Admissions was served on Sullivan's trial counsel;
Sullivan's responses were due on November 30, 2015.
November 30, 2015: Sullivan did not timely file responses to
Portable Storage's request for admissions. See
Tex. R. Civ. P. 198.2(a).
December 8, 2015: Portable Storage filed a motion for summary
judgment based on the deemed admissions.
December 9, 2015: Portable Storage served Sullivan's
attorney with notice that the hearing on Portable
Storage's motion for summary judgment was set for January
7, 2016, at 9:30 am.
December 11, 2015: Portable Storage's motion for summary
judgment based in part on deemed admissions was served on
Sullivan's trial counsel, and Sullivan ...