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FAZIO v. NEWMAN

No. 11-02-00319-CV.

113 S.W.3d 747 (2003)

Shari FAZIO, Appellant, v. Sharyl NEWMAN, Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Overruled September 25, 2003.

Attorney(s) appearing for the Case

G. Douglas Welch, James Wharton, Jeffrey B. Jones, Jones, Flygare, Brown & Wharton, Lubbock, Roy B. Longacre, Wagstaff, Alvis, Stubbeman, Seamster & Longacre, L.L.P., Abilene, for appellant.

Barry Moscowitz, Henslee, Fowler, Hepworth & Schwartz, Rod Poirot, Cavazos, Hendricks, Poirot & Dewey, Dallas, Frank D. Scarborough, Glandon & Scarborough, Abilene, Lewis L. Isaacks, Gay, McCall, Isaacks, Gordon & Roberts, Plano, for appellee.

Panel consist of ARNOT, C.J., and WRIGHT, J., and McCALL, J.

Opinion

JIM R. WRIGHT, Justice.

This is an appeal from a default judgment in a slip-and-fall case. We reverse and remand.

Sharyl Newman sued Shari Fazio and others for injuries she sustained in a fall at Big 5 Sporting Goods in Abilene. Newman alleged in her petition that Fazio was an owner of the premises at all times material to the cause of action. Newman further alleged in her petition that Fazio and...

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