Texas Civil Procedure

Prior to its amendment, appellate rule 54286 required the appellant in any case in which either party made a timely motion for new trial or modifica- tion of

The supreme court held that the court of appeals was not authorized to reverse the trial court's judgment in the absence of a properly assigned error, and that

Appeal, 43 TEX. The rule expressly mentions motions for new trials, appeal bonds, notices of appeal, affidavits in lieu of bond, bills of exception, the transcript, and

Hous.. "the rule is not a plea of confession and avoidance" and, therefore, the defendant movant has the burden of negating "the pleading of the

Observing that rule 28691 authorized the trial court to give a clarifying instruction, the court of civil appeals concluded that the failure of the trial court

The court, recogniz- ing the general rule that venue is determined by residence at the time the case is filed, 9 held that since there were no Bexar County

that the trial court has great discretion in the management of its docket, limited only by due process requirements and the Texas Rules of Civil Procedure."

In another decision, the Court, in applying the harmless error rule, stated that the respondent's contention that the special issue was an implied comment on the