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Vista Chevrolet Inc. v. Lewis

Supreme Court of Texas
Jun 4, 1986
709 S.W.2d 176 (Tex. 1986)

Summary

holding that rendition is proper when a no evidence point is sustained

Summary of this case from In the Interest of J.F.C

Opinion

No. C-4708.

March 5, 1986. Rehearing Denied June 4, 1986.

Porter, Rogers, Dahlman Gordon, Rich Rogers, Corpus Christi, for petitioner.

C.M. Henkel, III, Corpus Christi, for respondent.


This is a suit for damages for the purchase of a defective automobile. The Lewises sued Vista Chevrolet under section 2.608 of the Commercial Code for revocation of acceptance and under the Texas Deceptive Trade Practices Act. Tex.Bus.Comm. Code Ann. § 2.608, § 17.41 et seq.

The court of appeals affirmed the award for revocation of the acceptance but found there was no evidence of the automobile's market value to support an award for damages under the DTPA. The court then remanded the DTPA portion of the cause for a new trial to determine market value. 704 S.W.2d 363.

"Generally, if the court of appeals sustains a 'no evidence' point, it is the court's duty to render judgment for appellant." National Life Accident Insurance Co. v. Blagg, 438 S.W.2d 905, 909 (Tex. 1969). This is such a basic rule of law that we are convinced that the court of appeals meant to find insufficient evidence and remand, or find no evidence and render. The Lewises have not attacked the no evidence holding in this court, perhaps because of the judgment of remand, only. Faced with such an obvious contradiction we would ordinarily feel constrained to remand this cause back to the court of appeals so that they might resolve the inconsistency. This would allow the Lewises to complain to us if the court of appeals rendered against them on a no evidence finding. But, in this case, that would amount to nothing more than a waste of judicial effort and added expense to the litigants. There was no evidence to support the jury's answer to market value. Rendition is proper.

Pursuant to Rule 483, we grant Vista's application for writ of error, and, without hearing oral argument, affirm the award of damages based on revocation of acceptance but reverse and render judgment that the Lewises take nothing on the DTPA claim.


Summaries of

Vista Chevrolet Inc. v. Lewis

Supreme Court of Texas
Jun 4, 1986
709 S.W.2d 176 (Tex. 1986)

holding that rendition is proper when a no evidence point is sustained

Summary of this case from In the Interest of J.F.C

finding duty to render take-nothing judgment when appellant's "no-evidence" point is sustained is basic rule of law

Summary of this case from Ford Motor v. Cooper

explaining "basic rule" that "no evidence" points require rendition in favor of appealing party

Summary of this case from R. C. C. v. Tex. Dep't of Family & Protective Servs.

noting proper remedy for legal insufficiency is rendition of judgment

Summary of this case from Williams v. Energy Capital Credit Union

reiterating the well-settled rule that "no evidence" points require rendition in favor of the appealing party

Summary of this case from Dunn v. Mengtai Petroleum Mach., Co.

stating the well-settled rule that legal sufficiency or "no evidence" points require rendition in favor of the appealing party

Summary of this case from Sinclair v. Estate of Ramirez

reiterating well-settled rule that “no evidence” points require rendition in favor of appealing party

Summary of this case from Maynard v. Booth

reiterating the well-settled rule that "no evidence" points require rendition in favor of the appealing party

Summary of this case from Huang v. Riverstone

stating the well-settled rule that legal sufficiency or "no evidence" points require rendition in favor of the appealing party

Summary of this case from Evans v. Hendrix

stating the well-settled rule that "no evidence" points require rendition in favor of appealing party

Summary of this case from Chevrolet Co. v. Garcia

stating well-settled rule that "no evidence" points require rendition in favor of appealing party

Summary of this case from Cooke Co. v. First Bank and Trust
Case details for

Vista Chevrolet Inc. v. Lewis

Case Details

Full title:VISTA CHEVROLET, INC., Petitioner, v. Kelly LEWIS, Respondent

Court:Supreme Court of Texas

Date published: Jun 4, 1986

Citations

709 S.W.2d 176 (Tex. 1986)

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