IN THE

TENTH COURT OF APPEALS

No. 10-01-114-CV

     MISHAWNDRIA FREEMAN,

                                                                         Appellant

     v.

     ANNIE PEVEHOUSE,

                                                                         Appellee

From the 77th District Court

Limestone County, Texas

Trial Court # 26,008-A

CONCURRING OPINION

      I concur only in the “alternative holding” set out in the lead opinion. See Freeman v. Pevehouse, No. 10-01-114-CV, slip op. at 13-17 (Tex. App.—Waco May 29, 2002, no pet. h.) (Gray, J., lead opinion). I agree that the trial court did not abuse its discretion in denying Freeman’s motion for new trial because it could have concluded that Allstate’s failure to answer was due to conscious indifference. See Baker v. Kunzman, 873 S.W.2d 753, 755 (Tex. App.—Tyler 1994, writ denied). On this basis, I would affirm the judgment.

                                                                   REX D. DAVIS

                                                                   Chief Justice

Concurring opinion delivered and filed May 29, 2002

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