Aardan Leasing Corporation, First Florida Leasing Corporation, Joel Mallin, Scott C. Dunn, Roland Hennessey, Patton Corrigan, and Joel Klein v. Peoples National Bank, N.A., and Peoples Asset Managemen

State: Texas

Court: Texas Northern District Court

Docket No: 06-03-00130-CV

Case Date: 04/13/2004

Plaintiff: Delford Bernard Mathews

Defendant: The State of Texas--Appeal from Criminal District Court No. 5 of Dallas County

Preview:Mishawdria Freeman v. Annie Pevehouse--Appeal from 77th District Court of Limestone County
MAJORITY | MAJORITY Mishawndria Freeman v. Annie Pevehouse /**/ IN THE TENTH COURT OF APPEALS

No. 10-01-114-CV

MISHAWNDRIA FREEMAN, Appellant v.

ANNIE PEVEHOUSE, Appellee

From the 77th District Court Limestone County, Texas Trial Court # 26,008-A CONCURRING OPINION I concur only in the alternative holding set out in the lead opinion. See Freeman v. Pevehouse, No. 10-01-114-CV, slip op. at 13-17 (Tex. App. Waco May 29, 2002, no pet. h.) (Gray, J., lead opinion). I agree that the trial court did not abuse its discretion in denying Freeman s motion for new trial because it could have concluded that Allstate s failure to answer was due to conscious indifference. See Baker v. Kunzman, 873 S.W.2d 753, 755 (Tex. App. Tyler 1994, writ denied). On this basis, I would affirm the judgment. REX D. DAVIS Chief Justice

Concurring opinion delivered and filed May 29, 2002 Publish

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