Herbert v. Herbert

OPINION ON REMAND

FENDER, Chief Justice.

This case has been remanded to this court by the Texas Supreme Court for a redetermination of appellant’s seventh *2point of error which asserts that the jury’s negative finding to the sole special issue1 submitted is so against the great weight and preponderance of the evidence as to be manifestly unjust. See Herbert v. Herbert, 754 S.W.2d 141 (Tex.1988).

We reverse and remand.

A detailed account of the procedural history of this case can be found in our prior opinion, 699 S.W.2d 717. However, for the reader’s benefit, we will set out the pertinent…