Groves v. Rosenthal, 14199
| Decision Date | 17 October 1963 |
| Docket Number | No. 14199,14199 |
| Parties | J. S. GROVES, Appellant, v. Erich N. ROSENTHAL, Appellee. |
| Court | Texas Court of Appeals |
Spiner, Pritchard & Thompson, Clark G. Thompson, Houston, for appellant.
Ellis F. Morris, Houston, for appellee.
This is a suit for debt. The judgment of the trial court must be reversed because of the failure of the trial court to file findings of fact and conclusions of law in response to a timely request.
Where findings of fact and conclusions of law have been filed by the trial court, and additional findings of fact are requested, the trial court must make findings on the points requested, if such points relate to elements of the ultimate and controlling issues in the case. Rule 298, Texas Rules of Civil Procedure; Grant v. Taylor, Tex.Civ.App., 339 S.W.2d 554; Tijerina v. Botello, Tex.Civ.App., 207 S.W.2d 136; Jinks v. Jinks, Tex.Civ.App., 205 S.W.2d 816.
While the defendant did not plead payment or illegality, which are affirmative defenses, evidence was admitted without objection on both of these issues, and the evidence was conflicting in many respects. The issues were tried by consent under Rule 67, Texas Rules of Civil Procedure; Bednarz v. State, 142 Tex. 138, 176 S.W.2d 562; Thomas v. Linder, Tex.Civ.App., 231 S.W.2d 891, writ ref.
The failure of the trial court to make findings of fact with respect to these defensive issues probably prevented appellant from making a proper presentation of the case in this Court, and, therefore, constitutes reversible error. Galveston, H. & S. A. Ry. Co. v. Stewart & Threadgill, Tex.Com.App., 257 S.W. 526; Richie v. State of Texas, Tex.Civ.App., 275 S.W.2d 723.
The judgment of the trial court is reversed and the case is remanded for a new trial.
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Brownsville Nav. Dist. v. Izaguirre
...464 S.W.2d 359 (Tex.1971) (trial court denied appellant its right to perfect a bill of exceptions); Groves v. Rosenthal, 371 S.W.2d 792, 793 (Tex.Civ.App.--Houston 1963, writ ref'd n.r.e.) (trial court failed to make additional findings of fact relating to ultimate and controlling There is ......
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Hogan v. City of Tyler
...ultimate and controlling issues were covered in the findings and conclusions filed by the trial court. Groves v. Rosenthal, 371 S.W.2d 792 (Tex.Civ.App. Houston 1963, writ ref'd n. r. e.). It is our view that the questions and issues discussed herein are dispositive of this appeal and we do......
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Stolte v. Mack Financial Corp., 7974
...ultimate and controlling issue in the case. Rule 298 T.R.C.P. does not require the court to make different findings. Groves v. Rosenthal, (1963) Tex.Civ.App., 371 S.W.2d 792, w.r., n.r.e. Friedman v. Cohen, (1968) Tex.Civ.App., 429 S.W.2d We think the point of error is without any merit bec......
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Spitzmiller v. Spitzmiller
...a proper presentation of her case in this court. Rules 298 and 299, Texas Rules of Civil Procedure; Groves v. Rosenthal, 371 S.W.2d 792 (Houston 1st Civ.App. 1963, writ ref., n.r.e.). Appellant's tenth point of error avers, among other things, that the trial court erred in finding that the ......