BARNES v. MATHIS

No. 10-0669.

353 S.W.3d 760 (2011)

H.E. BARNES, Petitioner, v. Lee Roy MATHIS, Respondent.

Supreme Court of Texas.

October 21, 2011.


Attorney(s) appearing for the Case

Brent C. Howard , Howard & Davis, Tyler, Tynan Buthod , Elizabeth Eve Baker Lewis , Baker & Botts, L.L.P., Houston, for H.E. Barnes.

James N. Parsons III , Law Offices of Jim Parsons, Palestine, Susan Lea Hays , Godwin Ronquillo PC, Dallas, for Lee Roy Mathis.


PER CURIAM.

At issue in this case is whether the court of appeals erred in rendering judgment for a plaintiff who received an adverse verdict and take-nothing judgment after a jury trial. When a party with the burden of proof loses at trial and asks an appellate court to render judgment in his favor, that party must show that the evidence conclusively established his entitlement to judgment. Because the court of appeals incorrectly applied this standard and Mathis...

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