WITHEM v. UNDERWOOD

No. 95-0697.

922 S.W.2d 956 (1996)

William WITHEM, Petitioner, v. Joe UNDERWOOD, Respondent.

Supreme Court of Texas.

Rehearing Overruled June 28, 1996.


Attorney(s) appearing for the Case

Kelly Atkins, William J. Clay, Dallas, for Petitioner.

Lawrence G. Smith, De Soto, for Respondent.


OPINION

PER CURIAM.

In this malicious prosecution case, Joe Underwood sought damages from Dillard's Department Store and its employee, William Withem. Counsel for Dillard's filed answers on behalf of both defendants, although Withem's whereabouts were unknown. Later, the trial court granted Dillard's motion for summary judgment but struck Withem's pleadings and granted Underwood's motion for partial summary judgment on liability. Withem did not appear at...

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