Toshiba MacHine Co. v. SPM Flow Control, Inc.

OPINION ON REHEARING

ANNE GARDNER, Justice.

After reviewing Appellant, Toshiba Machine Co., America’s motion for rehearing, we deny the motion. We withdraw our June 2, 2005 opinion and judgment and substitute the following. Our ultimate conclusions remain unchanged.

I. Introduction

This case arises from the sale of two large machine tools. Toshiba Machine Company of America (“Toshiba”) appeals a $9.25 million judgment on a jury verdict in favor of S.P.M. Flow Control, Inc. (“SPM”). In twelve issues, Toshiba complains of legally insufficient evidence to support jury findings on various aspects of…