De La Hoya v. Saldivar

ON MOTION FOR REHEARING

Appellant, in his motion for rehearing, states that this Court erred in overruling his first point of error because there is no necessity to offer a bill of exception to show what the testimony would have been where a party is cross-examining an adverse witness. See Beckham Development Co. v. Bruce Clark & Associates, 492 S.W.2d 287 (Tex.Civ.App.— Dallas 1973, no writ). But in our case there is no showing that Appellant’s own child was an adverse witness. As noted in our original opinion, both sides had rested their respective cases when the trial Court decided to…