Greenwood v. State

Englander Co. v. Kennedy, 428 S.W.2d 806 (Tex.1968), writ refused n.r.e., upon which several of the cases cited by the majority primarily rely, was not decided under former Tex.R.Civ.App. Rule 413, predecessor to Tex.R.App.Pro. Rule 50(d); indeed, the rule in those terms was not promulgated until December 5, 1983. See Historical Note following former Rule 413. Instead, the Supreme Court addressed former Tex.R.Civ.App. Rule 377(c), which the majority seems to assume is now Tex. R.App.Pro. Rule 53(d). It is not, and Eng-lander is not viable for a limited appeal.1

While former rules 375, 377 and…