Lawson v. Lawson

*162ON MOTION FOR REHEARING

The appellee continues to urge vigorously that this Court should remand this case for a new trial on the issue of separate versus community property. His main contention in support of this argument is that during the voir dire and the closing arguments, the jury was instructed that the jury questions did not relate in any way to the nature of the principal of the certificates of deposit. As we have previously stated in our opinion, this is not reflected in the record, and the jury question on commingling was asked generally. We believe that the proper forum for this argument for a new trial would be to the trial court.

Procedurally, when on remand the trial court is directed by an appellate court to enter judgment in accordance with the verdict of the jury, the unsuccessful party may present a motion for a new trial after entry of that judgment. See generally 6 Tex.Jur.3d Appellate Review § 900 (1980). For example, when a judgment non obstan-te veredicto is reversed and the cause is remanded with instructions to enter judgment on the verdict, the trial court proceeds as though the judgment non obstante veredicto had not been granted. Rodriguez v. Higginbotham-Bailey-Logan Co., 138 Tex. 476, 160 S.W.2d 234 (1942).

The motion for rehearing is overruled.