Tex. R. App. P. 38.2

(a) Form of Brief.

(1) An appellee’s brief must conform to the

requirements of Rule 38.1, except that:

(A) the list of parties and counsel is not

required unless necessary to

supplement or correct the

appellant’s list;

(B) the appellee’s brief need not include

a statement of the case, a statement

of the issues presented, or a

statement of facts, unless the

appellee is dissatisfied with that

portion of the appellant’s brief; and

(C) the appendix to the appellee’s brief

need not contain any item already

contained in an appendix filed by

the appellant.

(2) When practicable, the appellee’ s brief

should respond to the appellant’s issues

or points in the order the appellant

presented those issues or points.

(b) Cross-Points.

(1) Judgment Notwithstanding the Ver dict.

When the trial court renders judgment

notwithstanding the verdict on one or

more questions, the appellee must bring

forward by cross-point any issue or point

that would have vitiated the verdict or

that would have prevented an affirmance

of the judgment if the trial court had

rendered judgment on the verdict.

Failure to bring forward by cross-point

an issue or point that would vitiate the

verdict or prevent an affirmance of the

judgment waives that complaint.

Included in this requirement is a point

that:

(A) the verdict or one or more jury

findings have insuffic ient

evidentiary support or are against

the overwhelming preponderance of

the evidence as a matter of fact; or

(B) the verdict should be set aside

because of improper argument of

counsel.

(2) When Evidentiary Hearing Needed.

The appellate court must remand a case

to the trial court to take evidence if:

(A) the appellate court has sustained a

point raised by the appellant; and

(B) the appellee raised a cross-point that

requires the taking of additional

evidence.