Laverna Sells v. Earl Drott

NO

NO. 12-09-00091-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

LAVERNA SELLS,

APPELLANT ' APPEAL FROM THE

V. ' COUNTY COURT AT LAW #2

EARL DROTT, ' SMITH COUNTY, TEXAS

APPELLEE

OPINION

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…