Gulf States Utilities Company, Petitioner v. Wyley Low, Respondent

Summary

The Texas Supreme Court held that Rule 279 cannot be used to create a new judgment by deeming omitted findings, so the appellate court could not add DTPA damages, attorney's fees, or a knowing finding; consequently the Court reversed the Court of Appeals' judgment and entered a $12,000 actual‑damages award for Low with no attorney‑fees award. Justice HANKINSON dissented, arguing the majority misapplied Rule 279 and should have remanded.