Legal Opinion · Dissent

Leggett v. Brinson

Texas Court of Appeals, 8th District (El Paso)

Decided October 2, 1991No. 08-91-00098-CVPublished

1DissentOsborn, Chief Justice

I agree with Justice Woodard’s opinion that “[t]here was no evidence offered in respect to attorney’s fees.” Likewise, I agree with his statement that an appellate court is not authorized to reverse the judgment of a trial court on the grounds that the case has not been fully developed. I *160also agree with Justice Koehler’s concurring opinion that “[a]n appellate court should not remand a case just to give an appellee another bite of the apple.” Therefore, I respectfully dissent to a remand for a new trial on attorney’s fees.

Perhaps the real issue is: Does the Texas Deceptive Trade Practices…

2Cases cited1 opinion

  1. Bolton v. Alvarado, Texas Court of Appeals, 1st District (Houston)1988

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