Bennett v. Cochran

The issue before this Court is whether, by requesting only a partial reporter’s record, Bennett waived his right to challenge the legal and factual sufficiency of the evidence on appeal. The court of appeals answered this question affirmatively. 92 S.W.3d 8. However, Rule 34.6(c)(4)’s plain language provides that an appellant need not file a complete reporter’s record to preserve legal or factual sufficiency issues. Tex.R.App. P. 34.6(c)(4). Therefore, we reverse the court of appeals’ judgment and remand the cause for further proceedings consistent with this opinion.

Robert Bennett and Les…