Mishawdria Freeman v. Annie Pevehouse--Appeal from 77th District Court of Limestone County

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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