Lewter v. Dallas County

ON REHEARING

Appellee, defendant County of Dallas on Motion for Rehearing contends this *888court erred in applying Rule 90 T.R.C.P.; that Rule 90 applies only to a party seeking a reversal, and not to a party seeking to uphold a judgment which presumably held that pleadings were insufficient; and cites Ward v. Clark, Tex.Civ.App., NWH, 435 S.W.2d 621; Butler, Williams & Jones v. Goodrich, Tex.Civ.App., NRE, 306 S.W.2d 798; Lincoln v. King, Tex.Civ.App., NWH, 193 S.W.2d 437, and Goodman v. Art Reproduction Corp., Tex.Civ.App., NRE, 502 S.W.2d 592; as controlling.

We reject such contention.…