Sells v. DROTT

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 Houston, Texas. Sells and George W. Lampkin, Jr. owned some land in Smith County. They each executed a power of attorney regarding their land, giving La-Cheryl Stebbings…