(DOWNLOAD) "Melba Sue Overstreet v. Home Indemnity Co." by First District, Houston Court of Appeals of Texas * Book PDF Kindle ePub Free

eBook details

Title: Melba Sue Overstreet v. Home Indemnity Co.
Author : First District, Houston Court of Appeals of Texas
Release Date : January 02, 1984
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 64 KB

Description

Melba Sue Overstreet appeals from a summary judgment granted in favor of Home Indemnity Co., in her suit to set aside a decision of the Iondustrial Accident Board. Overstreet contends that the trial judge erred in granting the summary judgment because there were genuine issues of material facts that precluded Home from establishing its right to judgment as a matter of law under the theory of election of remedies, estoppel, ratification, or waiver. She also contends that the trial court abused its discretion by not allowing her untimely filed answers to Homes requests for admissions. We uphold the summary judgment based on the election of remedies doctrine, disagree that the trial judge abused his discretion by not allowing her untimely filed answers, and therefore, affirm the trial courts judgment.