# Southwestern Bell Telephone Co. v. Thomas > Court of Appeals of Texas · March 3, 1976 · 535 S.W.2d 686 URL: https://www.frixlaw.com/law-library/cases/9645355 ## Case - **Full name:** SOUTHWESTERN BELL TELEPHONE COMPANY, Appellant, v. John THOMAS Et Al., Appellees - **Court:** Court of Appeals of Texas - **Decided:** March 3, 1976 - **Citations:** 535 S.W.2d 686 - **Precedential status:** Published - **Opinion:** On rehearing by Nye - **Judges:** Nye - **Cited by:** 16 later opinions in the Frix Law Library ## Citator (automated) - **Red flag:** Reversed on other grounds by Southwestern Bell Telephone Co. v. Thomas, 20 Tex. Sup. Ct. J. 438 (1977). - Negative treatments: 2 - Distinguished by: 0 - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9645355 ## Opinion text OPINION ON MOTION FOR REHEARING NYE, Chief Justice. Appellant in his Sixth Assignment of Error stated that “this Court’s express direction that no further briefing would be entertained . . . ” is incorrect. In our order to the trial court, we stated “after receipt of the record and upon re-examination of the trial court’s certification, this Court will then enter such additional orders relative to rebriefing and further oral arguments as it deems necessary.” No request was made by the appellant to amend his brief or to rebrief. Therefore, rebriefing was not deemed to be necessary. Nor did this Court hold as appellant contends that its points of error in connection with the statement of facts were waived due to their failure to object to the recerti-fication of the statement of facts. After the statement of facts was recertified by the trial court under order of this Court and filed in this Court, we considered all of the evidence in the statement of facts as recer-tified. See new Rule 434, T.R.C.P. All of appellant’s points of error on motion for rehearing have been carefully considered and they are overruled. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9645355. Public record. Not legal advice.