Point Lookout West, Inc. v. Whorton, C-6876
| Court | Supreme Court of Texas |
| Citation | 742 S.W.2d 277,31 Tex.Sup.Ct.J. 104 |
| Docket Number | No. C-6876,C-6876 |
| Parties | POINT LOOKOUT WEST, INC., Petitioners, v. Robert WHORTON, Respondent. |
| Decision Date | 02 December 1987 |
Travis E. Kitchens, Jr., Evans & Kitchens, Groveton, for petitioners.
Richard R. Burroughs, Clevelant, for respondent.
Robert Whorton operated a mail-order business from his residence in the Point Lookout West subdivision in San Jacinto County. The owner's association, Point Lookout West, Inc., brought suit to enjoin Whorton from operating his business, asserting that Whorton was in violation of deed restrictions limiting the use of the property to residential purposes only. After a bench trial, the trial court refused to wholly enjoin Whorton from operating his business. However, the trial court ordered Whorton to no longer ship or receive goods at his residence by means of truck lines or parcel post services. Whorton appealed. The court of appeals reversed that portion of the trial court's judgment that enjoined Whorton from shipping and receiving goods at his home, and affirmed the remainder of the judgment. 736 S.W.2d 201. We grant the application for writ of error of Point Lookout West, Inc., and without hearing oral argument reverse the judgment of the court of appeals and remand the cause for further consideration. TEX.R.APP.P. 133(b). The court of appeals' judgment conflicts with this court's decision in Lassiter v. Bliss, 559 S.W.2d 353 (Tex.1977).
Neither party requested findings of fact and conclusions of law. Therefore, all questions of fact should have been presumed found in support of the judgment, and the judgment affirmed if it could be upheld on any basis. Lassiter, 559 S.W.2d at 358. The court of appeals correctly recognized that Lassiter set forth the applicable standard of review. Yet, it proceeded to review the trial court's judgment as if it were wholly favorable to Whorton, disregarding the fact that it was Whorton who was appealing from a judgment that was in part adverse to him. The conflicting nature of the trial court's judgment evidently caused some confusion as to which party prevailed at trial. However, the mere fact that a judgment is vague or contradictory does not authorize an appellate court to deviate from the appropriate standard of review. The conflict or ambiguity must be resolved, if possible, and the judgment then reviewed under the applicable standard.
The opinion of the court of appeals correctly sets forth the pertinent portions of the trial court's judgment. 736 S.W.2d at 201-2. Although the judgment purported to deny all relief to Point Lookout West, Inc., it also reflected the trial court's unequivocable intention to enjoin Whorton from shipping and receiving goods at his residence in the manner proscribed. A judgment should be construed as a whole toward the end of harmonizing and giving effect to all the court has written. Constance v. Constance, 544 S.W.2d...
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Gainous v. Gainous, No. 01-04-00427-CV (Tex. App. 8/24/2006), 01-04-00427-CV.
...literal meaning of a few isolated words, phrases, or sentences. See Wilde, 949 S.W.2d at 332; see also Point Lookout W., Inc. v. Whorton, 742 S.W.2d 277, 278 (Tex. In this case, the majority opinion in Reiss instructs us to focus on only one sentence of the decree, which states that Brenda ......
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In re China Oil and Gas Pipeline Bureau, 14-02-00170-CV.
...court to rule on it. In support of their argument that we should address this claim, the Lins cite Point Lookout West, Inc. v. Whorton, 742 S.W.2d 277 (Tex.1987). In that case, the supreme court held that in the absence of any findings of fact and conclusions of law, it was the appellant's ......
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Environmental Procedures, Inc. v. Guidry, 14-05-01090-CV.
...be construed as a whole toward the end of harmonizing and giving effect to all the court has written." Point Lookout W., Inc. v. Whorton, 742 S.W.2d 277, 278 (Tex. 1987) (per curiam) (emphasis 24. See TEX. R. CIV. P. 166a(c) ("The motion for summary judgment shall state the specific grounds......
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Gainous v. Gainous, 01-04-00427-CV.
...literal meaning of a few isolated words, phrases, or sentences. See Wilde, 949 S.W.2d at 332; see also Point Lookout W., Inc. v. Whorton, 742 S.W.2d 277, 278 (Tex. In this case, the majority opinion in Reiss instructs us to focus on only one sentence of the decree, which states that Brenda ......
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Gainous v. Gainous, No. 01-04-00427-CV (Tex. App. 8/24/2006), 01-04-00427-CV.
...literal meaning of a few isolated words, phrases, or sentences. See Wilde, 949 S.W.2d at 332; see also Point Lookout W., Inc. v. Whorton, 742 S.W.2d 277, 278 (Tex. In this case, the majority opinion in Reiss instructs us to focus on only one sentence of the decree, which states that Brenda ......
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In re China Oil and Gas Pipeline Bureau, 14-02-00170-CV.
...court to rule on it. In support of their argument that we should address this claim, the Lins cite Point Lookout West, Inc. v. Whorton, 742 S.W.2d 277 (Tex.1987). In that case, the supreme court held that in the absence of any findings of fact and conclusions of law, it was the appellant's ......
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Environmental Procedures, Inc. v. Guidry, 14-05-01090-CV.
...be construed as a whole toward the end of harmonizing and giving effect to all the court has written." Point Lookout W., Inc. v. Whorton, 742 S.W.2d 277, 278 (Tex. 1987) (per curiam) (emphasis 24. See TEX. R. CIV. P. 166a(c) ("The motion for summary judgment shall state the specific grounds......
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Gainous v. Gainous, 01-04-00427-CV.
...literal meaning of a few isolated words, phrases, or sentences. See Wilde, 949 S.W.2d at 332; see also Point Lookout W., Inc. v. Whorton, 742 S.W.2d 277, 278 (Tex. In this case, the majority opinion in Reiss instructs us to focus on only one sentence of the decree, which states that Brenda ......