Dolgencorp of Texas, Inc. v. Lerma

OPINION ON REHEARING

Opinion on Rehearing by

Justice GARZA.

This appeal arises out of a post-answer default judgment entered against Dolgen-corp 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 trial; and (4) the administrative judge abused his discretion in failing to recuse the Honorable Abel Limas from hearing the motion for new…