Legal Opinion · Dissent

Bryant v. S.A.S.

Court of Appeals of Texas

Decided October 22, 2013No. 01-12-00189-CVPublished

1DissentTerry Jennings, Justice

In taking from appellees, the Plaintiff-Children (the “Children”) and Plaintiff-Parents (the “Parents”), their lawfully awarded damages, the majority substitutes its judgment in place of that of the jury below, does not apply the well-settled standard for reviewing the legal sufficiency of the evidence, and misapplies the governing law. Accordingly, I respectfully dissent.

The majority holds that “no evidence” supports the jury’s findings that the following violations of the Texas Deceptive Trade Practices-Consumer Protection Act (“DTPA”) constituted a “producing cause”1 of the damages of the…

2Cases cited11 opinions

  1. City of Keller v. WilsonTexas Supreme Court · 2005
  2. Ford Motor Co. v. RidgwayTexas Supreme Court · 2004
  3. Formosa Plastics Corp. USA v. Presidio Engineers and Contractors, Inc.Texas Supreme Court · 1998
  4. Kindred v. Con/Chem, Inc.Texas Supreme Court · 1983
  5. Doe v. Boys Clubs of Greater Dallas, Inc.Texas Supreme Court · 1995

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