PALO PINTO COUNTY, Texas, Petitioner, v. Edward L. LEE, Respondent, 988 S.W.2d 739

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.” This was not an oral motion “presented during a hearing or trial.” 966 S.W.2d 83, 85. We disapprove of this language to the extent the court concluded that Palo Pinto did not present its oral motion to strike during a hearing. See Tex.R. Civ. P. 21.