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Barnum v. Lopez

Supreme Court of Texas
Oct 6, 1971
471 S.W.2d 567 (Tex. 1971)

Summary

noting that an appellate court may only reverse a case for error committed by the trial court

Summary of this case from Samlowsk v. Wooten

Opinion

No. B-2787.

October 6, 1971.

Appeal from the 229th District Court, Starr County, R. F. Luna, J.

Frank R. Nye, Jr., Rio Grande City, Luther E. Jones, Jr., Corpus Christi, for petitioner.

Pope Pope, John A. Pope, III, Rio Grande City, for respondent.


The court of civil appeals concluded its opinion in this case in the following language: 'Since it is our opinion that this case has not been fully developed on trial, the equities require that this cause be reversed and remanded in order that justice be done between the parties.' The court of civil appeals then entered judgment reversing the judgment of the trial court and remanding the cause to that court for a new trial. See Lopez v. Barnum, 466 S.W.2d 612, at 616 (Tex.Civ.App. — San Antonio 1971).

An appellate court is not authorized to reverse a judgment of a trial court on the ground that the 'case has not been fully developed on trial.' It may only reverse for error committed on trial. Having reversed because of error committed on trial, a court of civil appeals or the Supreme Court may, because the case has not been fully developed, or in the interest of justice, or for like reason, remand for a new trial rather than render the judgment which should have been rendered by the court below. See Rules 434 and 505, Texas Rules of Civil Procedure.

The record in this case reflects that error was committed on trial requiring a reversal of the trial court's judgment. The judgment of the court of civil appeals reversing the judgment of the trial court was, therefore, proper, and its judgment remanding the cause rather than rendering judgment for the appellant was authorized by Rule 434. Accordingly, the application for writ of error is refused, no reversible error.


Summaries of

Barnum v. Lopez

Supreme Court of Texas
Oct 6, 1971
471 S.W.2d 567 (Tex. 1971)

noting that an appellate court may only reverse a case for error committed by the trial court

Summary of this case from Samlowsk v. Wooten
Case details for

Barnum v. Lopez

Case Details

Full title:H. E. BARNUM, Petitioner, v. Luis LOPEZ, Respondent

Court:Supreme Court of Texas

Date published: Oct 6, 1971

Citations

471 S.W.2d 567 (Tex. 1971)

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