concurring.
I concur in the court’s judgment, but write separately to note that I do not believe the majority opinion either in this case or in Approximately $1,589.00 v. State, 230 S.W.3d 871 (Tex.App.-Houston [14th Dist.] 2007, no pet.), amounts to an invalidation of any of the local rules of the Harris County district courts. In each case, notwithstanding any local rule, due process required that the trial court hear the motion to strike the deemed admissions before deciding the merits. See Approximately $1,589.00, 230 S.W.3d at 875. And in both cases, the trial court abused its discretion in failing to hear the motion.