district court refuses rule in Texas

2017“Although there is a ‘deadline’ for filing an answer, which is, technically, the Monday next after twenty days after the date of service . . . an answer may also be filed at any time before default,”10 and a defendant may file a traditional motion for summary judgment “at any time.”11 We affirm the district court’s judgment. __________________________________________ Bob Pemberton, Justice Before Chief Justice Rose, Justices Pemberton and Bourland Affirmed Filed: March 2, 2017 inter alia, Conely, 2010 Tex. App. LEXIS 3011 , at *5–6) (“[E]ven when a district court refuses to rule on a motion fo

2014The appellate court held that, “even when a district court refuses to rule on a motion for default judgment, once an answer has been filed, any complaints regarding the district court’s prior failure to act are rendered moot.” Id. (citing Palacios v. Rayburn, 516 S.W.2d 292, 294 (Tex.App.-Houston [1st Dist.] 1974, no writ) (denying petition for writ of mandamus seeking to compel trial court to rule on pending motion for default judgment because defendant filed answer in interim)).

2017App.—Houston [1st Dist.] 1974, no writ)). 10 In re S.K.A., 236 S.W.3d 875, 896 (Tex. App.—Texarkana 2007), pet. denied, 260 S.W.3d 463 (Tex. 2008) (per curiam) (citing Tex. R.

2015In any event, even when a district court refuses to rule on a motion for default judgment, once an answer has been filed, any complaints 59 C.R. at 1-62 (entirety of Clerk’s Record prior to the filing of Appellees’ Answer); see also supra note 48 (disputing Appellant’s purported claim to have requested a default judgment prior to the filing of Appellees’ Answer). 60 See supra note 58. 61 See Davis v. West, 433 S.W.3d 101, 108-09 (Tex. App.—Houston [1st Dist.] 2014, pet. denied) (“Davis also argues that her right to a default judgment was prejudiced by the trial court's delay in ruling until af