concluding party waived complaint on appeal that trial court erred in submitting special issue to jury because it improperly commented on weight of evidence where party did not make same objection at trial
How later courts described this case
- concluding party waived complaint on appeal that trial court erred in submitting special issue to jury because it improperly commented on weight of evidence where party did not make same objection at trial
Written by the judges who cited it.
The opinion
OPINION ON MOTION FOR REHEARING
DUGGAN, Justice.
This is an appeal from a judgment against MBank in a suit for conversion. We withdraw our opinion of October 10, 1991, and substitute this opinion in its place.
Motion for Substitution
MBank Houston National Association (MBank) 1 had already perfected its appeal from the trial court’s final judgment, when, on March 28, 1989, it was declared insolvent and the Federal Deposit Insurance Corporation (FDIC) was appointed as receiver. On June 7, 1989, the FDIC moved for leave to substitute the FDIC as receiver for appellant, MBank; we granted that motion in our original opinion in this cause, issued on December 21, 1989, and the caption of the cause was amended to reflect the substitution. In the interest of clarity, however, references to “appellant” will mean MBank, unless otherwise indicated. The clerk has filed the briefs of the FDIC.
. Also known as Gessner Southwest Bank & Trust and Capital Bank-Gessner.