Fuller v. Burran

In this case the Court of Civil Appeals (248 S.W. 2d 1015, 1016) has sustained a point of error which presents the question that a material fact finding of the court was “contrary to a preponderance of the evidence.” There was no point presenting the question of no evidence. Instead of remanding the cause to the trial court, the Court of Civil Appeals rendered judgment contrary to the finding. By so doing it fell into conflict with the opinion of this court in Childre v. Casstevens, 148 Texas 297, 224 S. W. 2d 461, and cases there cited.

By Rule 483, TRCP, this court is authorized to reverse…