Harris County v. Patrick

I concur in the affirmance of the judgment only because appellant failed to clearly bring to the trial court’s attention an objection to the court’s action in sending the jury back for further deliberations based upon the supposed conflict in their answers. I would not sanction the trial court’s action in refusing to accept a legal and valid verdict if proper objection had been made to that refusal. It is the trial court’s duty to correctly determine if a verdict contains a real or only an apparent conflict and to act accordingly. If the conflict is only apparent and not real, the verdict…