Legal Opinion · Dissent

Welborn Mortgage Corp. v. Knowles

Texas Court of Appeals, 5th District (Dallas)

Decided February 22, 1993No. 05-92-00516-CVPublished

1DissentKinkeade, Justice

I respectfully dissent to the majority opinion in this case. This Court has jurisdiction of Welborn’s appeal.

The majority correctly states that this Court must give great deference to the trial court over findings of fact. The majority also correctly states that when the trial court misapplies the law this Court need not defer to the erroneous ruling. Where the majority errs is in the holding that a party and his counsel are on notice of any rulings and judgments of the court as a matter of law.

The amendments to rule 306a, effective April 1, 1984, changed paragraph three of *333the rule to…

2Cases cited5 opinions

  1. Flack v. First Nat. Bank of DalhartTexas Supreme Court · 1950
  2. Pentikis v. Texas Electric Service CompanyCourt of Appeals of Texas · 1971
  3. Portman v. EarnhartCourt of Appeals of Texas · 1960
  4. Pope v. Moore, Texas Court of Appeals, 5th District (Dallas)1987
  5. Western Import Motors, Inc. v. MechinusCourt of Appeals of Texas · 1987

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