J. Howard Marshall v. Ted Vise

Lloyd Doggett, Justice This appeal presents the issue of whether a party's failure to object at trial to testimony contrary
to an opponent's deemed admissions waives the effect of those admissions. Ted Vise sued J. Howard Marshall, II for tortious
interference with a business contract. The trial court rendered a take-nothing judgment. The court of appeals, relying on
Marshall's deemed admissions, reversed the trial court's judgment and rendered judgment in favor of Vise. 751 S.W.2d 216.
We reverse the judgment of the court of appeals. In the course of discovery, Vise submitted a request for admissions to Marshall that was never answered. Marshall filed no
motion to withdraw, amend, or extend the time to answer the request. The deemed admissions established the essential elements
for Vise's claim of tortious interference with a contract.