Ashley N. Preslar v. Miguel A. Garcia

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-13-00449-CV Ashley N. Preslar, Appellant v. Miguel A. Garcia, Appellee FROM THE COUNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY NO. C-1-CV-09-011566, HONORABLE ERIC SHEPPERD, JUDGE PRESIDING CONCURRING OPINION I join Justice Pemberton’s opinion. I write separately solely to give additional emphasis to the two factors that are, for me, crucial to the outcome of this appeal. Preliminarily, there is no question that the trial court here erred (it had no discretion in the matter) in failing to hold an oral hearing on Preslar’s motion to…