U.S. Fire Insurance Co. v. Ramos

I respectfully dissent from the overruling of Appellant’s Point of Error No. Two and conclude that the trial court was not authorized to make a deemed finding on the issue of notice of the injury to the employer within 30 days as required by Article 8307, § 4a, Tex.Rev.Civ.Stat.Ann. (Vernon 1967).

Several courts have passed on similar issues without any discussion of the authority of the trial court to make implied findings. The identical question was before the court in Texas Employers’ Ins. Assoc. v. Hilderbrandt, 62 S.W.2d 209 (Tex.Civ.App.—Beaumont 1933, no writ). No issue of notice was…