CEBI Sanayi Ve Ticaret A.S., v. Garcia

In CEBI Sanayi Ve Ticaret A.S., v. Garcia, 108 S.W.3d 464 (Tex. App.-Houston 14th Dist. 2003, no pet.), the Fourteenth Court of Appeals addressed a similar situation. The court held that requesting admissions on contested issues and coupling them with mirror-image opposites created fact questions and, thus, summary judgment based on the deemed admissions could not be sustained. Id. The court reasoned that Garcia could not avoid the conflicting answers by relying on half of his requests. The court stated, "we cannot pick and choose among controverted facts in a summary judgment record, and these admissions become part of that record when they were filed." Id. The court noted that Garcia could not have arranged for half the requests to be deemed admitted and the other half quietly ignored, as deeming occurs automatically. Id.; see TEX. R. CIV. P. 198.2(c).