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FIRST STATE BANK, N.A. v. MORSE

No. 07-05-0138-CV.

227 S.W.3d 820 (2007)

FIRST STATE BANK, N.A., Appellant, v. C.D. MORSE d/b/a 38th & Q Auto, Appellee.

Court of Appeals of Texas, Amarillo.

Opinion on Rehearing June 14, 2007.

Attorney(s) appearing for the Case

Aubrey J. Fouts, Fouts Fouts & Joplin, John C. Sims, Richard Hubbert, Sims, Hubbert & Wilson, Gary M. Bellair, Craig, Terrill, Hale & Grantham, L.L.P., Lubbock, for Appellant.

Joe L. Lovell, John H. Lovell, Tim D. Newsom, Lovell, Lovell, Newsom & Isern, L.L.P., Amarillo, Robert Jones, Attorney at Law, Dallas, Timothy Pridmore, McWhorter Cobb & Johnson, Lubbock, for Appellee.

Monte Scarbrough, Wolfforth, pro se.

Before QUINN, C.J., CAMPBELL, J., and REAVIS, S.J.

Opinion

BRIAN QUINN, Chief Justice.

First State Bank (First State) appeals from a judgment rendered in favor of C.D. Morse d/b/a 38th & Q Auto (Morse). Via six issues, it contends that the trial court erred in 1) entering judgment on responses to jury questions concerning negligence, 2) granting judgment on insufficient evidence, 3) admitting purported expert testimony of lost profits, and 4) entering judgment on factually insufficient evidence...

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