trial court’s designation of its statement as a conclusion of law is not controlling and appellate courts may treat it as finding of fact
How later courts described this case
- trial court’s designation of its statement as a conclusion of law is not controlling and appellate courts may treat it as finding of fact
- where a finding of fact is contained in a conclusion of law, the trial court’s designation is not controlling on appeal
- trial court’s designation of determination as finding of fact or conclusion of law is not controlling on appeal
- stating trial court’s labels not controlling
Written by the judges who cited it.
The opinion
DENTON, Justice,
dissenting.
I respectfully dissent. I agree with the Court of Civil Appeals.