Ward Burnett, Petitioners v. Charles Motyka, Respondent

Summary

The Texas Supreme Court reversed the Court of Civil Appeals and remanded the case for further review of the Burnetts' "insufficient evidence" arguments. The Court held that on insufficient evidence points an appellate court must consider and weigh all the evidence, not merely the evidence favorable to the judgment. It also affirmed that in a non‑jury trial, implied findings of fact are deemed to exist and may be challenged.