Avila v. Hill

I concur in the affirmance expressed by, but for reasons different from those stated in, the majority opinion. It is my view *543that the statement of facts entertained by the majority is not properly before the court for consideration; therefore, sans a statement of facts, the evidential point of error relied on by appellant cannot be considered, and affirmance of the judgment follows from the unchallenged presumption that it is supported by sufficient evidence. Lane v. Fair Stores, 150 Tex. 566, 243 S. W.2d 683 (1951).

Appellant timely filed the transcript, invoking this court’s appellate…