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635 S.W.2d 752

Leckey v. Warren

Court of Appeals of Texas

Decided April 22, 1982

Court of Appeals of Texas · decided 1982-04-22

Cited by 11 later decisions — most recently January 1993

11 state decisions

Key passage — most relied on by later courts

“It is not the function of this Court to brief the appellant’s case for him. He has the burden of showing reversible error and in order to do so he must cite authority which supports his position. Rule 418, T.R.C.P.”

quoted by 1 later decision, including Kjellander v. Smith

Relies on Construction & General Labor Union, Local No. 688 v. Stephenson · Wisdom v. Smith · City of Beaumont v. Graham

Good law ✅— No negative treatment on recordhow we know

Decided 1982-04-22

View the full empirical analysis of this case →

¶1OPINION ON MOTION FOR REHEARING

¶2In his motion for rehearing, the appellant’s attorney evidences a misunderstand*754ing of our disposition of his first six points of error. As stated in our original opinion, no authority was cited in support of these points of error. The appellant’s attorney merely quoted Webster’s Third New International Dictionary’s definition of the word “should.” Because the appellant cited no authority to support his first six grounds of error, this Court considered those points waived and overruled them for that reason.

¶3It is not the function of this Court to brief the appellant’s case for him. He has the burden of showing reversible error and in order to do so he must cite authority which supports his position. Rule 418, T.R. C.P.

¶4The appellant also states that “this Court is required to make and file conclusions of fact and law regarding the instant case. Rule 453, T.R.C.P.”

¶5In City of Beaumont v. Graham, 441 S.W.2d 829 (Tex.1969) the Supreme Court noted:

“As this court observed some sixty-five years ago, at a time when the substance of Rules 453 and 455 was contained in statutes, ‘[a] grave misconception seems to be entertained’ by attorneys concerning the duty imposed on courts of appeals by the quoted provisions. Nowlin v. Hall, 97 Tex. 441, 79 S.W. 806 (1904).” Id. 832.

¶6The appellant’s motion for rehearing indicates that the “grave misconception” referred to in Grahamstill persists. In an effort to clear up this misconception, we quote the Supreme Court’s explanation of Rule 453, as enunciated in Graham:

“In so far as Rule 453 requires conclusions or findings of fact, it requires only that a court of civil appeals file conclusions or findings that the evidence in a particular case is or is not factually sufficient to support express or implied trial court or jury findings on vital ultimate issues made by the pleadings and evidence. Nowlin v. Hall, supra.The rule does not contemplate or require that a court of civil appeals make evidentiary findings or that its opinion repeat all of the evidence or all of the trial court findings which appear elsewhere in the record. Manchester Fire Ins. Co. v. Simmons, 12 Tex.Civ.App. 607, 35 S.W. 722 (1896, writ ref’d). Manchester was cited with approval in Nowlin v. Hall, supra. And see Construction and General Labor Union, Local No. 688 v. Stephenson, 148 Tex. 434, 225 S.W.2d 958, at 963 (1950). Indeed, as this court pointed out in Wisdom v. Smith, 146 Tex. 420, 209 S.W.2d 164 (1948), courts of civil appeals have no jurisdiction to make original findings of fact in cases on appeal; they can only ‘unfind’ facts. 38 Texas L.Rev. 361, at 368.” (Emphasis added). Id. at 832-833.

¶7In our original opinion we stated our conclusion that the evidence in this case was sufficient to support the jury’s answers to the special issues complained of. Rule 453 does not require this Court to go beyond this conclusion.

¶8The appellant’s motion for rehearing is overruled.

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