OPINION
DOYLE, Justice.This appeal arises from a judgment in favor of appellee on theories of assault, battery, and false imprisonment. In prosecuting its appeal from a bench trial, appellant failed to timely file a statement of facts. Tex.R.Civ.P. 386. A motion requesting leave for late filing was filed with this court and overruled, and a motion for rehearing was denied. See B.D. Click Co. v. Safari Drilling Corp., 638 S.W.2d 860 *430(Tex.1982). The Texas Supreme Court dismissed the Men’s Wearhouse appeal on this point for lack of jurisdiction. 27 Tex. Sup.Ct.J. 264 (March 10, 1984) (unpublished).
The case thus presents itself for our review without a statement of facts. However, findings of fact and conclusions of law, which were not objected to by the defendant, were made by the trial court as follows:
FINDINGS OF FACT
1. On or about November 14, 1977, Defendant, its vice-principal, agents, servants and employees participated in, authorized, directed, and/or ratified the following acts:
(a) the willful detention of [plaintiff] Michael Helms;
(b) such detention being without the Plaintiff’s consent;
(c) such detention being without authority of law.
2. Defendant, its vice-principal, agents, servants and employees participated in, authorized, directed and/or ratified conduct which resulted in personal injury to Michael Helms and which proximately caused Michael Helms to suffer mental anguish, humiliation, shame, fright, embarrassment, depression and physical pain.
3. Defendant, its vice-principal, agents, servants and employees participated in, authorized, directed and/or ratified conduct which was reckless, willful, malicious and in wanton disregard of Michael Helm’s rights in injuring him.
4. Defendant intentionally or knowingly caused physical contact with Plaintiff when defendant knew or should have reasonably believed the Plaintiff would regard the contact as offensive or provocative.
CONCLUSIONS OF LAW
1.Defendant, its vice-principal, agents, servants and employees participated in, authorized, directed and/or ratified conduct which constituted an assault and battery on Michael Helms and caused actual damages in the amount of Five Thousand dollars ($5,000.00).
2. Defendant, its vice-principal, agents, servants and employees participated in, authorized, directed and/or ratified the false imprisonment of Michael Helms causing actual damages to him in the amount of Fifteen Thousand dollars ($15,000.00).
3. Defendant, its vice-principal, agents, servants and employees participated in, authorized, directed and/or ratified reckless, willful, malicious conduct in wanton disregard of Michael Helms rights for which Defendant should pay Plaintiff the sum of Forty Thousand dollars ($40,000.00) in exemplary damages.
Since no statement of facts was brought forward, the trial court’s findings are conclusive, and it must be presumed that the evidence was sufficient to support such findings. Mullins v. Main Bank & Trust, 592 S.W.2d 24, 25 (Tex.Civ.App.-Beaumont 1979, no writ); David A. Carl Enterprises, Inc. v. Crow-Shutt #14, 553 S.W.2d 118, 120 (Tex.Civ.App.-Houston [1st Dist.] 1977, no writ); Vanity Fair Properties v. Billingsley, 469 S.W.2d 453, 454 (Tex.Civ.App.-San Antonio 1971, writ ref’d n.r.e.) and cases cited therein. Rule 419 of the Texas Rules of Civil Procedure provides, “any statement made by appellant in his original brief as to the facts or the record may be accepted by the court as correct unless challenged by opposing party.” See White v. Corpus Christi Little Misses Kick. Ass’n, 526 S.W.2d 766 (Tex.Civ.App.-Corpus Christi 1975, no writ). However, when the trial court has filed specific findings of fact that are sufficient to support its judgment, the rule should not be invoked to avoid the binding effect of such findings. David A. Carl Enterprises, Inc., supra. Thus, we decline to apply rule 419 in the instant' case.
Appellant brings 19 points of error. Of these, 15 expressly relate to the state of the evidence presented at trial, alleging *431variously the absence or insufficiency of the evidence to support elements of appel-lee’s case or the eonclusiveness of the evidence in defense of the alleged offending conduct. There being no statement of facts in the record, we must presume there was evidence to support the findings of fact and the court’s judgment. Mays v. Pierce, 281 S.W.2d 79, 82 (Tex.1955).
The remaining four points of error, numbers 13, 15, 17, and 19 allege that the court’s damage awards were either excessive or an abuse of discretion. The remaining four points are also determined by this rule because it was not against the great weight and preponderance of the evidence.
We conclude that the judgment of the trial court is supported by the record. The judgment is affirmed.
LEVY, J., dissenting in part.