Poe v. San Antonio Express-News Corp.

OPINION

KLINGEMAN, Justice.

Defendant San Antonio Express-News Corporation’s motion for rehearing is over *543 ruled. Rupert J. Murdoch’s motion for rehearing is granted, and our opinion of September 19, 1979, is changed by deleting Footnote # 1 and substituting in lieu thereof a new Footnote # 1, as follows:

1. Prior to the trial Rupert J. Murdoch made a special appearance under Rule 120(a) of the Texas Rules of Civil Procedure, contending that he should be dismissed for want of jurisdiction. Murdoch’s pleading for such motion is verified and asserts that he is not a resident of Texas, is not engaged in business in Texas, and has committed no tort in Texas. On March 20, 1978, the trial court entered judgment reciting that after hearing the evidence and argument of counsel it is of the opinion that Murdoch’s plea to the jurisdiction is good and should be granted, and Murdoch is dismissed as a party defendant. Plaintiff’s Point of Error # 13 asserts that the trial court erred in holding that Texas courts have no jurisdiction over Rupert J. Murdoch. Plaintiff made no request for findings of fact and brought forward no statement of facts with regard to the hearing on Murdoch’s motion. Under such circumstances we must assume that sufficient evidence was introduced to support the ruling of the trial court. See Commercial Credit Corporation v. Smith, 143 Tex. 612 , 187 S.W.2d 363 -65 (1945); Zemke v. Stevens, 494 S.W.2d 227 (Tex.Civ.App. — Eastland 1973, no writ); Rogers v. Thompson, 554 S.W.2d 803 (Tex.Civ.App. — San Antonio 1977, no writ). Plaintiff’s Point of Error # 13 is overruled. The trial court’s judgment dismissing Murdoch as a party defendant is affirmed. All reference in this opinion to “defendant” means San Antonio Express-News Corporation and does not include or refer to Rupert J. Murdoch.

In all other things, our opinion of September 19, 1979, is unchanged and remains as originally written.