Gulf States Utilities Co. v. Low

in which Justice HECHT, Justice ENOCH, Justice OWEN, and Justice BAKER joined.

The principal issue in this case is whether an appellate court may modify a trial court’s judgment by deeming a finding on an issue not submitted to the jury. The trial court rendered judgment that Wyley Low recover $12,100 plus pre-judgment interest from Gulf States Utilities (GSU) for damages Low incurred when GSU terminated his residential electrical service. Relying on Texas Rule of Civil Procedure 279, the court of appeals deemed a finding to support a DTPA recovery, and rendered a judgment for $22,100 as…