Strange v. Treasure City

ON MOTION FOR REHEARING

Respondent, Treasure City, has filed a motion for rehearing calling our attention to the fact that it presented three points of error in the court of civil appeals which were rendered immaterial under its holding. Some of these points challenge the sufficiency of the evidence to support the findings of the jury in answer to special *610issues. Since this Court has no jurisdiction to determine these points of error, we remand the cause to the court of civil appeals. Custom Leasing, Inc. v. Texas Bank & Tr. Co. of Dallas, Tex., 491 S.W.2d 869 (1973); Wood v. Kane Boiler Works, 150 Tex. 191, 238 S.W.2d 172 (1951).

We adhere to our previous judgment which reverses the judgment of the court of civil appeals. We withdraw that portion of our judgment which affirms the judgment of the trial court. In all other respects, the motion for rehearing is overruled.

The judgment of the court of civil appeals is reversed and the cause is remanded to that court for determination of the points of error not heretofore considered.