Mark Matthew Johnstone, Petitioner v. the State of Texas, Respondent (two Cases)

Summary

The Texas Supreme Court held that Texas Rule of Civil Procedure 324 does not apply to appeals from temporary mental health commitment orders because it conflicts with Health & Safety Code §574.070. Consequently, a motion for new trial is not required to preserve factual insufficiency error, and the Court reversed and remanded for review of the factual sufficiency of the evidence.