Gonzales v. United States Fidelity & Guaranty Co.

In Punch v. Gerlach, Tex.Sup., 263 S.W. 2d 770, the Supreme Court reversed an order of the Beaumont Court of Civil Appeals dismissing a cause after said Court had on its own motion stricken the statement of facts because the same had not been filed in the trial court. In the opinion of the Court of Civil Appeals it was said that,

“This rule for all practical purposes is the same as the old statute. It is a well settled rule that failure to file the statement of facts in the trial court is fatal to its validity and vitality. The reviewing court on its own motion will strike such an unfiled…