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SELLS v. DROTT

No. 12-09-00091-CV.

330 S.W.3d 696 (2010)

LaVerna SELLS, Appellant, v. Earl DROTT, Appellee.

Court of Appeals of Texas, Tyler.

Rehearing Overruled January 25, 2011.

Attorney(s) appearing for the Case

J.B. Peacock , Dolores Gagnon , and Cynthia K. Shanklin , Dallas, for Appellant.

Newell S. Jarvis , for Appellee.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.

OPINION

BRIAN HOYLE, Justice.

LaVerna Sells appeals from a default judgment entered in favor of Earl Drott in his suit for specific performance of a contract. Sells raises three issues contending that the trial court erred in striking her pleadings, quashing the notice of deposition of her physician, and refusing to consider the physician's affidavit. We reverse and remand.

BACKGROUND

Sells, who was born in 1924, lives in...

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