DANIEL, Justice.
This appeal involves a procedural question as to whether “factual insufficiency” or “weight and preponderance” points of error should have been treated by the court of civil appeals as “no evidence” points under the record presented in this case.
Airway Insurance Company perfected an appeal from a judgment for $20,500 entered upon a jury verdict in favor of Hank’s Flite Center in a suit to recover on an insurance policy for damages to an insured airplane. Airway Insurance had filed a motion for judgment non obstante veredicto. It was overruled by the trial court, but Airway’s appeal did not clearly complain of this action. Instead, it stated and argued three factual “weight and preponderance” points and sought a remand rather than a rendition in its favor. The court of civil appeals held that it had no jurisdiction to consider what it termed. Airway’s “factual insufficiency” points because of its failure to file a motion for new trial. The court also concluded that Airway did not have a point of [879]*879error complaining of the trial court’s action in overruling the motion for judgment non obstante veredicto nor any argument in support of the validity of that motion. It affirmed the judgment of the trial court. 527 S.W.2d 488 (Tex.Civ.App.). We affirm.
First, as to terminology, the court of civil appeals has referred to the points of error as “factual insufficiency” points. They were stated as “weight and preponderance” points.1 Such points often have been generally classified as “insufficient evidence” points in distinguishing them from “no evidence” points. Garza v. Alviar, 395 S.W.2d 821 (Tex.1965); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951); Calvert, “No Evidence” and “Insufficient Evidence” Points of Error, 38 Texas L.Rev. 361, 366 (1960); Garwood, The Question of Insufficient Evidence on Appeal, 30 Texas L.Rev. 803, 804 (1952). There is a distinction, which is not material to this appeal, and we shall treat the court of civil appeals’ reference to “factual insufficiency” points as including “weight and preponderance” points.2
The court of civil appeals correctly held that it had no jurisdiction to consider factual insufficiency points of error in the absence of a motion for new trial. Rules 324, 374;3 Darryl v. Ford Motor Company, 440 S.W.2d 630 (Tex.1969); Wagner v. Foster, 161 Tex. 333, 341 S.W.2d 887 (1960). Its opinion, however, did not indicate consideration of the liberal briefing rules under which appellate courts allow substance to control over form in the wording of points of error if the brief otherwise directs the attention of the court to the error relied on. Rules 1, 418(b), 422. Under certain circumstances a point was treated as a “no evidence point” when expressed in terms of “not having sufficient support in the record.” Woodward v. Ortiz, 150 Tex. 75, 237 S.W.2d 286 (1951). In Gleason v. Davis, 155 Tex. 467, 289 S.W.2d 228 (1956) and Fambrough v. Wagley, 140 Tex. 577, 169 S.W.2d 478 (1943), we made it clear that it [880]*880is proper to look to the statement and argument under a point to determine whether it qualified as a “no evidence” point. The controlling consideration is not whether the point uses the proper or preferable terminology, but whether the point is based upon and related to a particular procedural step in the trial and appellate process and is properly argued as a predicate for the relief sought. Calvert, 38 Texas L.Rev. at 361-362.
We reaffirm the rules and tests announced in Fambrough, Woodward, and Gleason and shall apply them in considering this appeal. In fact, we granted this writ to consider the argument of petitioner, Airway Insurance Company, that its points in the court of civil appeals, although stated as factual insufficiency points, should have been considered as “no evidence” points directed at the alleged error of the trial court in overruling Airway’s motion for judgment non obstante veredicto.
The Commanche B airplane insured by Airway Insurance Company was owned by the Teri Gay Trust and leased to the insured, Hank’s Flite Center, Inc., of Odessa, Texas. The Flite Center was operated by Hank Henry, who- had set up the Teri Gay Trust for his daughter. Shortly before the plane crash, Henry had offered to sell it to Robert Charles Denton of Roswell, New Mexico. A tentative agreement was reached and Denton signed a conditional “Buyer’s Order” supplied by Henry on November 2, 1973, which consisted of “my offer to purchase the airplane and/or other items specified below subject to the terms and conditions set forth in this order.” The order and offer called for payment in cash or terms “accepted by Seller at the time of delivery.” It was signed only by Robert Charles Denton. The spaces for the name and written acceptance of the Seller were blank. On November 7, 1973, Henry flew the plane to Roswell to complete the proposed purchase arrangements. Upon finding that Denton had failed to secure the purchase price of $23,000, Henry sought to “morally obligate” Denton by getting him to execute a promissory note in that amount payable on November 15, 1973, to the Terri Gay Trust. Henry testified that the purchase agreement was to be completed and the plane delivered to Denton only after the purchase price was paid. However, he testified that he left the plane at the Roswell Airport so that Denton could experience the “pride of ownership.” Although the ignition keys were left in a side pocket of the plane, Henry testified that he gave Denton explicit instructions not to fly the plane. Denton nevertheless did so on November 9, when the plane crashed and he was killed. The plane was totally demolished.
Airway Insurance Company refused to pay Hank’s Flite Center’s claim under the policy. Its defense in the trial court was based upon exclusions of coverage in the policy if the airplane at the time of the crash was either (1) possessed under a bailment, conditional sale, or purchase agreement, (2) wrongfully converted while so possessed, or (3) piloted by an unlicensed pilot. On the controlling issues relating to these exclusions, the jury’s answers were against Airway Insurance and favorable to the insured.
In its motion for judgment non ob-stante, Airway Insurance did not use the words “no evidence” in complaining of the answers of the jury, but it did assert that certain recited evidence was “proof as a matter of law” that the pilot was unlicensed and that he was in possession of the aircraft under a conditional sale or purchase agreement. The motion can be construed as one based upon a contention that controlling facts excluding 'coverage had been conclusively established as a matter of law. If Airway Insurance had pursued the statements and arguments under this motion in a point complaining of the alleged error of the trial court in overruling the motion, the court of civil appeals would have had juris[881]
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DANIEL, Justice.
This appeal involves a procedural question as to whether “factual insufficiency” or “weight and preponderance” points of error should have been treated by the court of civil appeals as “no evidence” points under the record presented in this case.
Airway Insurance Company perfected an appeal from a judgment for $20,500 entered upon a jury verdict in favor of Hank’s Flite Center in a suit to recover on an insurance policy for damages to an insured airplane. Airway Insurance had filed a motion for judgment non obstante veredicto. It was overruled by the trial court, but Airway’s appeal did not clearly complain of this action. Instead, it stated and argued three factual “weight and preponderance” points and sought a remand rather than a rendition in its favor. The court of civil appeals held that it had no jurisdiction to consider what it termed. Airway’s “factual insufficiency” points because of its failure to file a motion for new trial. The court also concluded that Airway did not have a point of [879]*879error complaining of the trial court’s action in overruling the motion for judgment non obstante veredicto nor any argument in support of the validity of that motion. It affirmed the judgment of the trial court. 527 S.W.2d 488 (Tex.Civ.App.). We affirm.
First, as to terminology, the court of civil appeals has referred to the points of error as “factual insufficiency” points. They were stated as “weight and preponderance” points.1 Such points often have been generally classified as “insufficient evidence” points in distinguishing them from “no evidence” points. Garza v. Alviar, 395 S.W.2d 821 (Tex.1965); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951); Calvert, “No Evidence” and “Insufficient Evidence” Points of Error, 38 Texas L.Rev. 361, 366 (1960); Garwood, The Question of Insufficient Evidence on Appeal, 30 Texas L.Rev. 803, 804 (1952). There is a distinction, which is not material to this appeal, and we shall treat the court of civil appeals’ reference to “factual insufficiency” points as including “weight and preponderance” points.2
The court of civil appeals correctly held that it had no jurisdiction to consider factual insufficiency points of error in the absence of a motion for new trial. Rules 324, 374;3 Darryl v. Ford Motor Company, 440 S.W.2d 630 (Tex.1969); Wagner v. Foster, 161 Tex. 333, 341 S.W.2d 887 (1960). Its opinion, however, did not indicate consideration of the liberal briefing rules under which appellate courts allow substance to control over form in the wording of points of error if the brief otherwise directs the attention of the court to the error relied on. Rules 1, 418(b), 422. Under certain circumstances a point was treated as a “no evidence point” when expressed in terms of “not having sufficient support in the record.” Woodward v. Ortiz, 150 Tex. 75, 237 S.W.2d 286 (1951). In Gleason v. Davis, 155 Tex. 467, 289 S.W.2d 228 (1956) and Fambrough v. Wagley, 140 Tex. 577, 169 S.W.2d 478 (1943), we made it clear that it [880]*880is proper to look to the statement and argument under a point to determine whether it qualified as a “no evidence” point. The controlling consideration is not whether the point uses the proper or preferable terminology, but whether the point is based upon and related to a particular procedural step in the trial and appellate process and is properly argued as a predicate for the relief sought. Calvert, 38 Texas L.Rev. at 361-362.
We reaffirm the rules and tests announced in Fambrough, Woodward, and Gleason and shall apply them in considering this appeal. In fact, we granted this writ to consider the argument of petitioner, Airway Insurance Company, that its points in the court of civil appeals, although stated as factual insufficiency points, should have been considered as “no evidence” points directed at the alleged error of the trial court in overruling Airway’s motion for judgment non obstante veredicto.
The Commanche B airplane insured by Airway Insurance Company was owned by the Teri Gay Trust and leased to the insured, Hank’s Flite Center, Inc., of Odessa, Texas. The Flite Center was operated by Hank Henry, who- had set up the Teri Gay Trust for his daughter. Shortly before the plane crash, Henry had offered to sell it to Robert Charles Denton of Roswell, New Mexico. A tentative agreement was reached and Denton signed a conditional “Buyer’s Order” supplied by Henry on November 2, 1973, which consisted of “my offer to purchase the airplane and/or other items specified below subject to the terms and conditions set forth in this order.” The order and offer called for payment in cash or terms “accepted by Seller at the time of delivery.” It was signed only by Robert Charles Denton. The spaces for the name and written acceptance of the Seller were blank. On November 7, 1973, Henry flew the plane to Roswell to complete the proposed purchase arrangements. Upon finding that Denton had failed to secure the purchase price of $23,000, Henry sought to “morally obligate” Denton by getting him to execute a promissory note in that amount payable on November 15, 1973, to the Terri Gay Trust. Henry testified that the purchase agreement was to be completed and the plane delivered to Denton only after the purchase price was paid. However, he testified that he left the plane at the Roswell Airport so that Denton could experience the “pride of ownership.” Although the ignition keys were left in a side pocket of the plane, Henry testified that he gave Denton explicit instructions not to fly the plane. Denton nevertheless did so on November 9, when the plane crashed and he was killed. The plane was totally demolished.
Airway Insurance Company refused to pay Hank’s Flite Center’s claim under the policy. Its defense in the trial court was based upon exclusions of coverage in the policy if the airplane at the time of the crash was either (1) possessed under a bailment, conditional sale, or purchase agreement, (2) wrongfully converted while so possessed, or (3) piloted by an unlicensed pilot. On the controlling issues relating to these exclusions, the jury’s answers were against Airway Insurance and favorable to the insured.
In its motion for judgment non ob-stante, Airway Insurance did not use the words “no evidence” in complaining of the answers of the jury, but it did assert that certain recited evidence was “proof as a matter of law” that the pilot was unlicensed and that he was in possession of the aircraft under a conditional sale or purchase agreement. The motion can be construed as one based upon a contention that controlling facts excluding 'coverage had been conclusively established as a matter of law. If Airway Insurance had pursued the statements and arguments under this motion in a point complaining of the alleged error of the trial court in overruling the motion, the court of civil appeals would have had juris[881]*881diction without the necessity of Airway filing a motion for new trial. Rule 324. Wagner v. Foster, 161 Tex. 333, 341 S.W.2d 887, 890 (1960). In Wagner, it was held that an appellant who filed a motion for judgment non obstante veredicto, but not a motion for new trial, must on appeal predicate his points of error on matters stated in the motion for judgment non obstante vere-dicto.
Instead, Airway Insurance completely failed in the court of civil appeals to preserve its argument that the exclusions of coverage had been conclusively established as a matter of law. That allegation was not presented as a basis for its complaint that the trial court erred in overruling its motion for judgment non obstante. Rather, Airway stated and argued each of its three points of error relating to the policy exclusions as a complaint that a jury finding was “so against the overwhelming weight and preponderance of the evidence ... as to be clearly wrong.” See note 1, supra. By way of summation, Airway added after the three numbered points, “That collectively, the Honorable Trial Court erred in not granting Airway’s Motion for Judgment Non Obstante Verdicto [sic].” It is clear that the alleged “collective” error relates to the three preceding “weight and preponderance” points of error. No other reasons are stated or argued as to why the trial court erred in not granting Airway’s motion for judgment non obstante. No argument was made in support of the validity of that motion. Indeed, the motion was not again referred to in the appellant’s brief. Airway simply did not bring forward its trial court argument that the motion should have been granted because controlling facts excluding coverage had been conclusively proven as a matter of law.
We have carefully examined the statements and arguments under the three points and find that they relate so directly to weight and preponderance of the evidence that it is impossible to treat them as also presenting “no evidence” or as “established as a matter of law” points as now urged by Airway Insurance. Conflict in some of the evidence is obvious enough that the attorney for Airway could have intentionally receded to “weight and preponderance” points and a prayer for remand rather than rendition. Under Point One in the court of civil appeals, complaining of the jury’s “finding that Robert Charles Denton did not have possession of the aircraft under a bailment, conditional sale or purchase agreement.” Airway Insurance merely argued that “the possession factors are evidenced by the following:”
“1. That the aircraft was left in Roswell where Denton was;
2. That the keys were left inside the aircraft, and it was left unlocked;
3. That Denton had exercised control over the aircraft, by accepting the responsibility of securing its hangaring; and
4. That Henry had accepted Plaintiff’s Exhibit B [promissory note] for the full purchase price of the aircraft.”
Airway made no assertion or argument that the above “possession factors” were undisputed or conclusively established as a matter of law. Actually, part of 3 and all of 4 were disputed by the testimony of Hank Henry. Under this point there was a one sentence argument that “borrowing” a plane to try it out for purchase constitutes a bailment for mutual benefit, but there was no contention that the evidence conclusively showed a loan of the plane. Based upon alleged delivery of the plane to Den-ton, which was a disputed fact, a brief argument was made that Denton had possession under a conditional sale. Finally, a single sentence was devoted to Airway’s contention that the “Buyer’s Order” constitutes a “purchase agreement” because it “specifically recites: ‘Please accept my offer to purchase the airplane,’ and it is signed by ‘Robert C. Denton.’ ” Airway did not note that the offer was not signed or [882]*882accepted by or on behalf of the owner. Argument under this point was concluded with the statement: “Since the jury only had to find possession alternatively under a ‘bailment,’ ‘conditional sale,’ or ‘purchase agreement,’ the facts, no matter how construed, show possession and fit into one of these three (3) categories.” Airway did not assert that the evidence showing possession in either of these three categories was undisputed or conclusively proven as a matter of law. As heretofore indicated, neither did Airway assert that the trial court erred in overruling its motion for judgment non ob-stante for any of the reasons set forth in its argument under Point One.
Significantly, at the end of the argument under Point One, as well as the other points, Airway prayed that the point of error “should be sustained . . . and this cause [be] reversed and remanded.” A remand is the relief usually sought by a party who complains of “factual insufficiency.” A prayer for rendition, with a proper procedural basis therefor, usually indicates that the cojnplaint relates to “no evidence” or “established as a matter of law” points. Calvert, 38 Texas L.Rev. at 362 and 372. Thus, the thrust of the argument and the relief sought under Point One are clearly predicated upon the jury finding being against the weight and preponderance of the evidence rather than any error of the trial court as a matter of law in overruling Airway’s motion for judgment non obstan-te.
Under Point Two there is a statement that “the uncontroverted testimony of Mr. Henry establishes a conversion,” but that alone was not a controlling issue which would have entitled Airway Insurance to a judgment. It concerned an issue which was conditionally submitted and unanswered by the jury.
Under Point Three there is a statement that Mr. Henry’s testimony on the question of the pilot’s license, “being wholly inconsistent . . . reflects there is in essence no other evidence, and his opinions, if any, based on hearsay, reflect there is in essence no other evidence, either direct or indirect, to overcome the proof on ‘no license’ as established by Def’s Ex. 1.” Yet, Airway Insurance concludes the argument under this point with the-statement: “That Def’s Ex. 1 coupled with Mr. Henry’s testimony at his deposition, even though somewhat retracted at trial, show the jury’s findings are against the overwhelming weight and preponderance of the evidence as to be clearly wrong.” As heretofore indicated, no complaint was made under this point of the trial court’s action in overruling Airway’s motion for judgment non obstante, and the prayer thereunder is for a remand rather than rendition.
We find that Airway’s arguments and prayers for relief are entirely consistent with the statement of its points as complaints that the jury findings were against the great weight and preponderance of the evidence. In this connection we find no argument in the court of civil appeals under which we could hold that the appeal was based upon an alleged error of the trial court in overruling Airway’s motion for judgment non obstante veredicto because of “no evidence” or because the evidence “was conclusively established as a matter of law” on controlling issues.
Since Airway Insurance filed no motion for new trial and its points of error, as stated and argued, possessed all of the characteristics of factual “weight and preponderance” points, the court of civil appeals properly held that it was without jurisdiction to consider the appeal.
Accordingly, the judgment of the court of civil appeals is affirmed.
Dissenting Opinion by SAM D. JOHNSON, J.