Jon-T Farms, Inc. v. Goodpasture, Inc.

ON MOTION FOR REHEARING

We have carefully reviewed and considered the various matters raised in appellant’s motion for rehearing as well as its brief submitted in support of such motion. We have determined that our opinion, as previously issued, reflected our views with respect to the appellant’s various challenges of the trial court’s legal conclusions as well as the evidential support for the jury’s findings regarding those legal and factual determinations deemed basic or controlling in the disposition of this appeal.

As a part of the appellant’s motion for rehearing, the appellant requested this court to make and file supplemental findings of fact. We have examined such requests and have determined that our conclusions on controlling issues of fact were sufficiently stated in our opinion heretofore issued, and that certain findings requested were evidentiary or argumentative in nature and involve original findings which we are unauthorized to make. See City of Beaumont v. Graham, 441 S.W.2d 829 (Tex.1969). A court of civil appeals is authorized only to “unfind” facts. Id. 833. The appellant’s requests for supplemental findings of fact are denied.

After considering all matters set out in appellant’s motion for rehearing, we adhere to our former disposition of the case. Accordingly, appellant’s motion for rehearing is overruled.