RRTM Restaurant Corp. v. Keeping

I respectfully dissent. I disagree with the majority that the trial court's decision is against the great weight and preponderance of the evidence.

This case was tried before the court. A trial court’s findings of fact are reviewable for factual and legal insufficiency by the same standards as are applied in reviewing the factual and legal sufficiency of evidence supporting a jury’s answers to jury questions. See 1st Coppell Bank v. Smith, 742 S.W.2d 454, 459 (Tex.App.—Dallas 1987, no writ).

Properly, if the complaining party attacks on appeal the factual sufficiency of a finding for which he…