Fuller v. Burran

Texas Supreme Court

Fuller v. Burran

250 S.W.2d 587, 151 Tex. 335

CourtTexas Supreme Court

DecidedJuly 16, 1952

DocketA-3737

StatusPublished

Cited by7 cases

This text of 250 S.W.2d 587 (Fuller v. Burran) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fuller v. Burran, 250 S.W.2d 587, 151 Tex. 335 (Tex. 1952).

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Opinion

Per Curiam:

In this case the Court of Civil Appeals (248 S.W. 2d 1015, 1016) has sustained a point of error which presents the question that a material fact finding of the court was “contrary to a preponderance of the evidence.” There was no point presenting the question of no evidence. Instead of remanding the cause to the trial court, the Court of Civil Appeals rendered judgment contrary to the finding. By so doing it fell into conflict with the opinion of this court in Childre v. Casstevens, 148 Texas 297, 224 S. W. 2d 461, and cases there cited.

By Rule 483, TRCP, this court is authorized to reverse and remand a case on the application for writ of error without the necessity of granting the writ and hearing the case when the decision of the Court of Civil Appeals is in conflict with a previous opinion of this court. Cases in which we have exercised that authority are collated in Railroad Commission of Texas v. Roberdeau, 150 Tex. 506, 242 S. W. 2d 881. This is a proper case for its exercise, and it is therefore ordered that the judgment of the Court of Civil Appeals, in so far as it rendered judgment against petitioners, be reversed, and the cause remanded to the trial court.

Opinion delivered July 16, 1952.

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Per Curiam:

In this case the Court of Civil Appeals (248 S.W. 2d 1015, 1016) has sustained a point of error which presents the question that a material fact finding of the court was “contrary to a preponderance of the evidence.” There was no point presenting the question of no evidence. Instead of remanding the cause to the trial court, the Court of Civil Appeals rendered judgment contrary to the finding. By so doing it fell into conflict with the opinion of this court in Childre v. Casstevens, 148 Texas 297, 224 S. W. 2d 461, and cases there cited.

By Rule 483, TRCP, this court is authorized to reverse and remand a case on the application for writ of error without the necessity of granting the writ and hearing the case when the decision of the Court of Civil Appeals is in conflict with a previous opinion of this court. Cases in which we have exercised that authority are collated in Railroad Commission of Texas v. Roberdeau, 150 Tex. 506, 242 S. W. 2d 881. This is a proper case for its exercise, and it is therefore ordered that the judgment of the Court of Civil Appeals, in so far as it rendered judgment against petitioners, be reversed, and the cause remanded to the trial court.

Opinion delivered July 16, 1952.

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Bluebook (online)

250 S.W.2d 587, 151 Tex. 335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fuller-v-burran-tex-1952.

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