Chemical Cleaning, Inc. v. Chemical Cleaning & Equipment Service, Inc., No. B--2338
| Court | Supreme Court of Texas |
| Writing for the Court | PER CURIAM |
| Citation | 462 S.W.2d 276 |
| Decision Date | 21 October 1970 |
| Docket Number | No. B--2338 |
| Parties | CHEMICAL CLEANING, INC., Petitioner, v. CHEMICAL CLEANING & EQUIPMENT SERVICE, INC. et al., Respondents. |
Page 276
v.
CHEMICAL CLEANING & EQUIPMENT SERVICE, INC. et al.,
Respondents.
Rehearing Denied Dec. 9, 1970.
Gordon R. Pate, Beaumont, for petitioner.
Page 277
William E. Townsley, Beaumont, Donald B. Moye, Nederland, for respondents.
PER CURIAM.
The opinion of the court of civil appeals is reported in 456 S.W.2d 724. We refuse writ of error, no reversible error. In so doing, we are not to be understood as approving the form of the point of error suggested by the court of civil appeals for presenting a contention that a jury's answer to a special issue is so against the great weight and preponderance of the evidence as to be manifestly unjust. A trial court may commit error in overruling a motion for new trial because vital jury findings are contrary to the great weight and preponderance of the evidence, but it does not for that reason commit error in rendering judgment on the verdict. Hence, a point of error which states that the trial court erred in rendering judgment on a verdict because of the state of the evidence--if it is adequate for any purpose--is only a 'no evidence' point. Cf. Travelers Insurance Company v. Williams, 378 S.W.2d 110 (Tex.Civ.App.--Amarillo 1964, writ ref'd, n.r.e.).
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Cohen v. Rains, No. 2-87-115-CV
...861 (Tex.Civ.App.--Houston [1st Dist.] 1981, no writ); see also Chemical Cleaning, Inc. v. Chemical Cleaning & Equipment Service, Inc., 462 S.W.2d 276, 277 (Tex.1970) (per Page 389 curiam). This point should be sustained when the evidence establishes conclusively the opposite of a vital fac......
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Northwest Mall, Inc. v. Lubri-lon Intern., Inc., LUBRI-LON
...in such a manner are adequate only as "no evidence" points. Chemical Cleaning, Inc. v. Chemical Cleaning & Equipment Service, Inc., 462 S.W.2d 276 (Tex.1970). See also Chrysler Corporation v. Schuenemann, 618 S.W.2d 799, 806 (Tex.Civ.App.--Houston [1st Dist.] 1981, writ ref'd n.r.e.). But s......
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Bluebonnet Exp., Inc. v. Employers Ins. of Wausau, No. B14-82-128CV
...caused trouble in the past. The origin of all the mischief is Chemical Cleaning, Inc. v. Chemical Cleaning and Equipment Service, Inc., 462 S.W.2d 276 (Tex.1970) (per curiam), in which the Supreme Court made the statement that "a point of error which states that the trial court erred in ren......
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Herbert v. Herbert, No. 2-84-197-CV
...Appellee's contention is based upon the language contained in Chemical Cleaning, Inc., v. Chemical Cleaning & Equipment Service, Inc., 462 S.W.2d 276 (Tex.1970) (per curiam) wherein the Court A trial court may commit error in overruling a motion for new trial because vital jury findings are......
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Cohen v. Rains, No. 2-87-115-CV
...861 (Tex.Civ.App.--Houston [1st Dist.] 1981, no writ); see also Chemical Cleaning, Inc. v. Chemical Cleaning & Equipment Service, Inc., 462 S.W.2d 276, 277 (Tex.1970) (per Page 389 curiam). This point should be sustained when the evidence establishes conclusively the opposite of a vital fac......
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Northwest Mall, Inc. v. Lubri-lon Intern., Inc., LUBRI-LON
...in such a manner are adequate only as "no evidence" points. Chemical Cleaning, Inc. v. Chemical Cleaning & Equipment Service, Inc., 462 S.W.2d 276 (Tex.1970). See also Chrysler Corporation v. Schuenemann, 618 S.W.2d 799, 806 (Tex.Civ.App.--Houston [1st Dist.] 1981, writ ref'd n.r.e.). But s......
-
Bluebonnet Exp., Inc. v. Employers Ins. of Wausau, No. B14-82-128CV
...caused trouble in the past. The origin of all the mischief is Chemical Cleaning, Inc. v. Chemical Cleaning and Equipment Service, Inc., 462 S.W.2d 276 (Tex.1970) (per curiam), in which the Supreme Court made the statement that "a point of error which states that the trial court erred in ren......
-
Herbert v. Herbert, No. 2-84-197-CV
...Appellee's contention is based upon the language contained in Chemical Cleaning, Inc., v. Chemical Cleaning & Equipment Service, Inc., 462 S.W.2d 276 (Tex.1970) (per curiam) wherein the Court A trial court may commit error in overruling a motion for new trial because vital jury findings are......