Brownsville Navigation District v. Izaguirre

OPINION ON MOTION FOR REHEARING

On motion for rehearing, appellant MO-PAC contends that it was denied due process because the appellees, not the appellants, should have had the burden to prove beyond a reasonable doubt that the trial court’s granting of the post-verdict trial amendment was harmless. MOPAC cites a criminal case, Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967), to support its position.1

ERROR

The burden of proof in civil cases is, and always has been, on the party appealing from the trial court’s judgment to show error in the judgment. See Murray v. Devco,…