Although the trial court could have, within the exercise of its discretion, decided that the issue of the appellant's election-of-remedies affirmative defense was tried by implied consent, the record does not compel such a conclusion. Thus that the trial court's decision to the contrary does not constitute an abuse of discretion.
February 07, 2005 at 12:00 AM
1 minute read
The original version of this story was published on Texas Lawyer
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