Austin v. Austin

I dissent.

Appellant’s point two is that the judgment of divorce is supported by no evidence. There is no point attacking the factual sufficiency of the evidence to support the divorce judgment. The majority reverses the judgment in response to the “no evidence” point. In considering a “no evidence” point, the reviewing court must reject all evidence contrary to the judgment and consider only the facts and circumstances which tend to support that judgment. Renfro Drug Co. v. Lewis, 149 Tex. 507, 235 S.W.2d 609 (1950).

As petitioner in the district court, it was Mrs. Austin’s burden to establish…