Monday, January 6, 2020

Stipulated facts? Then no need to find facts

Originally published by David Coale.

Tex. R. Civ. P. 263 allows a trial on stipulated facts. “Parties may submit matters in controversy to the court upon an agreed statement of facts filed with the clerk, upon which judgment shall be rendered as in other cases; and such agreed statement signed and certified by the court to be correct and the judgment rendered thereon shall constitute the record of the cause.” Lavizadeh v. Moghadam reminds that “[i]n reviewing a judgment entered pursuant to stipulated facts, we disregard the court’s findings of fact and conclusions of law . . . we consider we consider only whether the trial court correctly applied the law to the agreed facts, utilizing a de novo review.” No. 05-18-00955-CV (Dec. 13, 2019) (mem. op.)

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.



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