Waller v. O'Rear

OPINION ON APPELLEE’S MOTION FOR REHEARING

Appellees contend in their Motion for Rehearing that Appellant did not exercise due diligence to secure a statement of facts because she did not try to get an agreement with opposing counsel for a Statement of Facts, or failing in this, to get the trial judge to make up a statement of facts, citing Rule 377, Texas Rules of Civil Procedure.

We do not agree with this contention for the following reasons: In this case trial was to a jury, and after Plaintiff-Appellant rested, the trial court withdrew the cause from the jury and entered judgment for the…