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JOHNSTONE v. STATE

Nos. 99-0446, 99-0463.

22 S.W.3d 408 (2000)

Mark Matthew JOHNSTONE, Petitioner, v. The STATE of Texas, Respondent (Two Cases).

Supreme Court of Texas.

March 9, 2000.

Attorney(s) appearing for the Case

Scott Kevin Boates, Sherea A. McKenzie, Houston, for Petitioner in No. 99-0446.

Sherea A. McKenzie, Jeffrey D. Kyle, Houston, for Petitioner in No. 99-0463.

Lisa S. Rice, Michael R. Hull, John Cornyn, Austin, for Respondent in No. 99-0446.

Michael R. Hull, Michael P. Fleming, Houston, John Cornyn, Austin, for Respondent in No. 99-0463.

PER CURIAM.

These consolidated cases present the question of whether a person appealing from a temporary mental health commitment order must comply with Texas Rule of Civil Procedure 324's motion-for-new-trial requirement to complain about factual insufficiency on appeal. The Texas Rules of Civil Procedure apply generally to mental health commitment proceedings. However, when a rule of procedure conflicts with a statute, the statute prevails unless the rule has been...

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