In Re Tenet Healthcare, Ltd., et al--Appeal from 136th District Court of Jefferson County

State: Texas

Court: Texas Northern District Court

Docket No: 09-03-00480-CV

Case Date: 10/27/2003

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
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