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Rule 301. Judgments (1988)

TEXT

The judgment of the court shall conform to the pleadings, the nature of the case proved and the verdict, if any, and shall be so framed as to give the party all the relief to which he may be entitled either in law or equity. Provided, that upon motion and reasonable notice the court may render judgment non obstante veredicto if a directed verdict would have been proper, and provided further that the court may, upon like motion and notice, disregard any jury finding on a question that has no support in the evidence. Only one final judgment shall be rendered in any cause except where it is otherwise specially provided by law. Judgment may, in a proper case, be given for or against one or more of several plaintiffs, and for or against one or more of several defendants or intervenors.

Amended by order of July 15, 1987, eff. Jan. 1, 1988.

ADVISORY OPINIONS

(No. 90) Question: Is Rule 301 properly cited as authority in the opinion in the case of Starr v. Ferguson, 140 Tex. 80, 82, 166 S.W.2d 130, 131 (1942)?

Answer: No. Because the case was tried before the new rules became effective. The Supreme Court has stricken from the opinion the reference to Rule 301.

6 Tex. B.J. 77 (1943) reprinted in 8 Tex. B.J. 33 (1945).