TXU Portfolio Management Company, L.P. N/K/A Luninant Energy Company, L.L.C. v. FPL Energy, LLC FPL Energy Pecos Wind I, LP FPL Energy Pecos Wind IIL

Dissenting Opinion by

Justice Evans

I regret that I must respectfully dissent. I disagree with- the majority’s standard of appellate review used to evaluate the fourth issue regarding cover raised by TXU Portfolio Management Company, L.P. n/k/a Luminant Energy Company, L.L.C. (TXUPM), só I arrive at a different result using what I understand is the correct standard. Using the charge as submitted to measure whether there was any evidence to submit the question and support the jury’s answer to it, I conclude the evidence was legally sufficient to support submission of the question and the jury’s…