may amend their pleadings, respond to pleadings on file of other parties, ... and file such other pleas as they may desire by filing such pleas with the clerk at such time as not to operate as a surprise to the opposite party.” Tex.R. Civ. P. 68 (emphasis added). The rule further provides that pleadings, pleas, and responses filed within seven days of trial “shall be filed only after leave of the judge is obtained, which leave shall be granted by the judge unless there is a showing that such filing will operate as a surprise to the opposite party.” Id. A summary judgment proceeding is a “trial” within the meaning of this rule. Fletcher v. Edwards, 26 S.W.3d 66, 74 (Tex.App.Waco 2000, pet. denied); see also Sosa v. Cent. Power & Light, 909 S.W.2d 893, 895 (Tex.1995) (per curiam) (<HOLDING>). Here there was no showing that the Dos were
holding that rule 63 applies to pleadings filed within seven days of summary judgment proceedings holding that pleadings cannot be regarded as summary judgment evidence holding contempt proceeding inappropriate to enforce the trial courts order requiring payment of a sum certain within seven days holding that unsworn pleadings do not constitute proper summary judgment evidence holding that whether pleadings fail to state a cause of action may not be resolved by summary judgment