Cecil v. Smith

804 S.W.2d 509 (1991)

Mildred CECIL, Petitioner,

v.

Charles Madison SMITH, Respondent.

No. D-0100.

Supreme Court of Texas.

February 27, 1991.

M. Keith Dollahite, Tyler, Michael G. George, Athens, for petitioner.

James A. Attaway, Jr., Quitman, for respondent.

OPINION

HIGHTOWER, Justice.

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…