Reliance Universal, Inc. v. ICS CORPORATION

ON MOTION FOR REHEARING

Appellant contends in its motion for rehearing that this Court erred in overruling the two “insufficient evidence” points raised in its first and second points of error, in that we held that in passing on such points that the Court of Civil Appeals must consider only the evidence that is favorable to the trial court’s ruling and disregard entirely that which is opposed to it.

We cited three cases in the original opinion as authority for the proposition that such test is the one to be applied in making the determination in question.

Appellant says that the proper test to be applied in such cases is announced by the court in Aerial Sprayers, Inc. v. King, 317 S.W.2d 602 (Amarillo, Tex.Civ.App., 1958, no writ hist.). The test laid down by that court to determine a question of the insufficiency of the evidence to support the trial court’s implied finding is for the Court of Civil Appeals to weigh and consider not only that evidence which supports the trial court’s implied findings but also that evidence which does not.

We hold that when such a test is applied to the evidence in this case that there was sufficient evidence to support all of the trial court’s findings that are here complained of by appellant.

We have considered all matters discussed by appellant in its motion for rehearing and overrule such motion.

We also deny appellant’s request that we file additional findings of fact, believing that the case of City of Beaumont v. Graham, 441 S.W.2d 829 (Tex.Sup., 1969) is authority for such ruling.