Island Recreational Development Corporation, Petitioners v. Republic of Texas Savings Association…

Summary

The Texas Supreme Court reversed the Court of Appeals and affirmed the trial court's judgment for Island, holding that a trial judge's use of a single broad issue that encompasses more than one independent ground of recovery is not reversible error. The Court also noted that failure to submit a separate instruction on waiver is not reversible error absent demonstrated harm. Separate dissents argued that waiver must be expressly placed before the jury and that the error was harmful.