TORREZ v. WINN-DIXIE STORES, INC.

No. 2-02-339-CV.

118 S.W.3d 817 (2003)

Joe TORREZ, Executor of the Estate of Samuel S. Torrez, Appellant, v. WINN-DIXIE STORES, INC., Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled September 11, 2003.


Attorney(s) appearing for the Case

McClanahan & Clearman, L.L.P., Michael D. Myers, Scott M. Clearman, Robert H. Espey, II, Houston, for appellant.

Cantey & Hanger, L.L.P., Bradley C. Poulos, Fort Worth, Vinson & Elkins, L.L.P., Marie R. Yeates, Richard P. Dearing, Houston, for Winn-Dixie Stores, Inc.

PANEL B: DAY, LIVINGSTON, and WALKER, JJ.


OPINION

SAM J. DAY, Justice.

INTRODUCTION

Appellant Joe Torrez, executor of the estate of Samuel S. Torrez, appeals the trial court's granting of Appellee Winn-Dixie Stores's, motion for summary judgment. In two points, Appellant claims that: 1) the trial court erred in granting Appellee's motion for summary judgment; and 2) the trial court abused its discretion by denying Appellant's motion for a continuance. We reverse the trial court's judgment...

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