Terry v. Teachworth

On Motion for Rehearing

Appellants assert on motion for rehearing that we have considered findings as to other issues in our upholding the trial court’s right to ignore the jury’s finding in connection with Special Issue No. 8.

It was not our intention to consider any other finding of the jury. We have not chosen to use one special issue to find that another special issue is immaterial. What we have held and now hold is that the jury’s answer to special issue number 8 is immaterial, and that the trial court had the right to disregard it without consideration of any other finding. See C. & R. Transport, Inc. v. Campbell, 406 S.W.2d 191, 194-195 (Tex.Sup.).

Appellants’ motion for rehearing is overruled.