Island Recreational Development Corp. v. Republic of Texas Savings Ass'n

I respectfully dissent. At the outset, I wish to note that I am not writing this dissent to discourage or impede broad issue submission. I write only to encourage wise and efficient broad issue practice.

I agree with the majority’s advocating a simpler, fairer, more efficient jury charge system through broad issue submission. However, I do not agree that the charge in this case broadly submitted both waiver and performance. The issue in this case reads:

Do you find from a preponderance of the evidence that plaintiffs performed all their obligations under the commitment letter in question?

The…