Legal Memorandum: Deciding "Matter of Law" Issues in TX

Issue: In Texas, when may a court make a decision as a matter of law when the jury implicitly found mitigation of damages?

The appellate court decides “matter of law” issues by determining whether the evidence conclusively established the vital fact, in effect leaving nothing for the jury to decide.  TA s "ESIS, Inc. v. Johnson, 908 S.W.2d 554, 557 (Tex. Ct." c 1 l "ESIS, Inc. v. Johnson, 908 S.W.2d 554 (Tex. Ct. App.—Fort Worth 1995,  writ denied)"ESIS, Inc. v. Johnson, 908 S.W.2d 554, 557 (Tex. Ct. App.—Fort Worth 1995,  writ denied).  When the defendant attacks the jury’s finding against it, arguing that the evidence was conclusive, the appeals court must first determine if there is some evidence to support the adverse finding.  TA s "ESIS, Inc. v. Johnson, 908 S.W.2d 554, 557 (Tex. Ct." c 1Id. at 557.  If there is no evidence to support the adverse finding, then the appeals court must examine the entire record to decide whether the evidence conclusively established every vital fact in support of the proposition, as a matter of law.  Id.  (holding that the evidence supported the jury’s finding in the plaintiff’s favor).  The standard of review when a party with the burden of proof asserts that the jury’s answer was against the great weight and preponderance of the evidence requires the appellate court to weigh all evidence.  TA s "Pacific Employers Ins. Co. v. Dayton, 958 S.W.2d 452" c 1 l "Pacific Employers Ins. Co. v. Dayton, 958 S.W.2d 452 (Tex. App.—Fort Worth 1997), review denied (1998)"Pacific Employers Ins. Co. v. Dayton, 958 S.W.2d 452, 455 (Tex. App.—Fort Worth 1997), review denied […]