Texas Supreme Court October 15, 1998, 98-0323 (Palo Pinto County v. Lee)

PER CURIAM.

We deny Palo Pinto’s petition for review. However, we note that in discussing Rule 21 of the Texas Rules of Civil Procedure, the court of appeals held:

[T]he County presented its oral motion to strike Lee’s response on the day set for the summary judgment hearing when the trial court was hearing “preliminary matters

before

we get to the motion for summary judgment.