Verna Mae Ragsdale v. E. v. Mclaughlin

Appellees have filed an able motion for rehearing in which they challenge our disposition of this case. They take the position that no affidavit was filed in the case; and, no affidavit being filed, according to their contention, the trial court had no alternative but to grant the motion for summary judgment. They rely most heavily upon the case of Sparkman v. McWhirter, Tex.Civ.App., 263 S.W.2d 832, wr. ref., as the basis for their contention.