Barker v. Coastal Builders, Inc.

I dissent from the judgment rendered on motion for rehearing and respectfully enter my protest against the lately developed and developing practice by this court of remanding this type of case to the trial court for retrial without giving the Courts of Civil Appeals an opportunity to decide whether the verdict of the jury or the judgment of the trial court is contrary to the great weight and preponderance of the evidence. The practice is an indirect invasion of the exclusive constitutional jurisdiction of the courts of civil appeals, is not commanded by, but is contrary to, the wording and…