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DOLGENCORP OF TEXAS, INC. v. LERMA

No. 08-0032.

288 S.W.3d 922 (2009)

DOLGENCORP OF TEXAS, INC., d/b/a Dollar General Store, Petitioner, v. Maria Isabel LERMA, Individually, et al., Respondents.

Supreme Court of Texas.

July 3, 2009.

Attorney(s) appearing for the Case

David M. Gunn, Constance H. Pfeiffer, Kevin D. Jewell, Jessica M. Moore, Clifford L. Harrison, for Petitioner.

Alice Oliver-Parrott, Ediberto Jose Trevino Jr., Maria Teresa Arguindegui, Robert L. Collins, for Respondents.

PER CURIAM.

This appeal arises from a post-answer default judgment entered against Dolgencorp of Texas, Inc., d/b/a Dollar General Store ("Dollar General") when its counsel failed to appear for trial because he was in a preferential trial setting in another county. Because Dollar General established it was entitled to a new trial pursuant to the factors set out in Craddock v. Sunshine Bus Lines, Inc., 134 Tex. 388, 133 S.W.2d 124, 126 (1939), we reverse and...

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