[DOWNLOAD] "Mildred Cecil V. Charles Madison Smith (02/27/91)" by Supreme Court of Texas " eBook PDF Kindle ePub Free

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eBook details

• Title: Mildred Cecil V. Charles Madison Smith (02/27/91)
• Author : Supreme Court of Texas
• Release Date : January 27, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

The issue before this court is whether a timely filed motion for new trial which is  overruled by operation of law preserves appellate complaints of no evidence and factual insufficiency of the evidence to support a jury finding. The trial court, after a jury trial, rendered judgment concerning ownership of a certificate of deposit and the validity and delivery of a deed. Mildred Cecil (Cecil) timely filed a motion for new trial and an amended motion for new trial asserting, among other things, that there was no evidence and factually insufficient evidence to support the jury findings. The amended motion for new trial was overruled by operation of law.*fn1 The court of appeals affirmed. 790 S.W.2d 709. The court of appeals held that Cecil failed to preserve her points of error because she failed "to call the trial court's attention to her timely filed motion  for new trial. . . ." 790 S.W.2d at 716 (emphasis in original). We reverse and remand this cause to the court of appeals.

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