University of Texas System v. Schieffer

ON MOTION FOR REHEARING

By motion for rehearing, Appellee Schief-fer urges this Court (1) to affirm the judgment of the trial court which awarded ap-pellee damages, or, alternatively, (2) to “remand the cause for a new trial in recognition of the interests of justice.”

As pointed out in this Court’s opinion, we consider the decision of the Supreme Court in Maksyn, controlling in the present case, and judgment of the trial court is properly reversed.

In urging remand of the cause for new trial, appellee invokes Rule 434 and relies on Morrow v. Shotwell, 477 S.W.2d 538 (Tex.Sup.1972). A court of…