Barrett v. United States Brass Corp.

OPINION ON MOTION FOR REHEARING

In its motion for rehearing, among other things, appellee, U.S. Brass, argues that where a trial court judgment is affirmed in part and reversed in part by the court of appeals, as happened here, costs should not be taxed totally against the appellee. See Walker v. Walker, 619 S.W.2d 196, 199 (Tex.Civ.App.—Tyler 1981, writ ref'd n.r.e.); Pundt v. McNeill, 502 S.W.2d 904, 905 (Tex.Civ.App.—Corpus Christi 1973, no writ); Tex.R.App.P. 89. We agree. Accordingly, the costs of this appeal will be assessed equally against appellee and appellants, Barrett et al. We OVERRULE U.S. Brass’ motion for rehearing.

In their motion for rehearing, among other things, appellants, Barrett et al., interpret our overruling of U.S. Brass’ seventh cross-point of error as applying only to the Chris-tensens and Reauxes. In its seventh cross-point, U.S. Brass contended there was no evidence or factually insufficient evidence to support the jury’s finding that it knowingly violated the DTPA. The cross-point was general. U.S. Brass did not limit its cross-point to certain homeowners. We overruled the cross-point generally, not only as to the Christensen and Reauxes. We OVERRULE appellants’ motion for rehearing.