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

Summary

The Texas Supreme Court held that an appellate court may not use Rule 279 to create a new judgment by deeming omitted findings; a deemed "knowing" finding cannot support DTPA mental‑anguish damages, and without evidence of value the food‑spoilage damages are not recoverable. Accordingly, the Court reversed in part the appellate judgment and entered a $12,000 actual‑damages judgment for Low with no attorney’s‑fees award. Justice Hankinson dissented, arguing that the majority misapplied Rule 279 and that the case should be remanded for clarification of the trial court’s judgment.