Qantel Business Systems, Inc. v. Custom Controls Co.

I concur and applaud that we have finally discarded the “Lorino rule.” This rule has its genesis in the court of civil appeals’ opinion on motion for rehearing in Lorino v. Crawford Packing Co., 169 S.W.2d 235 (Tex.Civ.App.—Galveston), aff'd 142 Tex. 51, 175 S.W.2d 410 (1943). Under this rule, in a non-jury case, after a plaintiff rests, a trial judge who is unpersuaded by the plaintiff’s evidence has to dutifully listen to *306the defendant’s portion of the case before making a determination on the merits of the cause of action. On appeal, a motion for judgment is treated identically to a motion…