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DOLGENCORP OF TEXAS, INC. v. LERMA

No. 13-03-314-CV.

241 S.W.3d 584 (2007)

DOLGENCORP OF TEXAS, INC., d/b/a Dollar General Store, Appellant, v. Maria Isabel LERMA, individually and d/b/a Le Styles, et al., Appellees.

Court of Appeals of Texas, Corpus Christi-Edinburg.

Rehearing Overruled November 29, 2007.

Attorney(s) appearing for the Case

Alan Neil Magenheim, Magenheim & Associates, Houston, Scott A. Whisler, Dallas, Jennifer S. Edwards, Kevin D. Jewell, Chamberlain, Hrdlicka, White, Williams & Martin, Houston, for Appellant.

Maria Teresa Arguindegui, Law Offices of Maria Teresa Arguindegui, Alice Oliver-Parrott, Burrow & Parrott, LLP, Houston, Eddie Trevino, Jr., Law Offices of Eddie Trevino, Jr., Brownsville, for Appellees.

Before Justices RODRIGUEZ, GARZA, and BENAVIDES.

OPINION ON REHEARING

Opinion on Rehearing by Justice GARZA.

This appeal arises out of a post-answer default judgment entered against Dolgencorp of Texas, Inc, d/b/a Dollar General Store ("Dollar General"). Dollar General raises four issues: (1) there is no legally or factually sufficient evidence to prove proximate cause; (2) the judgment is based on an unpleaded theory of recovery; (3) the trial court abused its discretion in denying its motion for new...

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