Legal Memorandum: Spoliation of Evidence Claim in TX

Issue: In Texas, when must a court accept a spoliation of evidence claim?

The trial court’s findings of fact have the same force and effect as the jury’s findings, and they are binding unless there is no evidence to support the findings or unless the contrary to the findings is established.  TA s "Reliance Ins. Co. v. Denton Cent. Appraisal Dist., 9" c 0Reliance Ins. Co. v. Denton Cent. Appraisal Dist., 999 S.W.2d at 629 (Tex. App.—Fort Worth 1999, no writ).  “The findings will be sustained if there is any evidence to support them, and the appellate court will review the legal conclusions drawn from the facts found to determine their correctness.”  TA s "Reliance Ins. Co. v. Denton Cent. Appraisal Dist., 9" c 0Id. at 629-30 (emphasis added) (holding that there was some evidence in support of the trial court’s findings of fact).  The court also has great latitude and discretion in deciding the proper and necessary jury instructions.  TA s "Louisiana-Pac. Corp. v. Knighten, 976 S.W.2d 674, 67" c 1 l "Louisiana-Pac. Corp. v. Knighten, 976 S.W.2d 674 (Tex. 1998)"Louisiana-Pac. Corp. v. Knighten, 976 S.W.2d 674, 676 (Tex. 1998).  If there is any evidence in the record to support the trial court’s instruction, or if the instruction might provide aid to the jury in reaching its verdict, the instruction will be deemed proper on appeal.  TA s "Louisiana-Pac. Corp. v. Knighten, 976 S.W.2d 674, 67" c 1Id. at 676.  Furthermore, an error in failing to instruct the jury […]