TX · rules
Tex. R. App. P. 46.2
Appeal on Remittitur
If a party makes the remittitur at the trial judge’s
suggestion and the party benefitting from the remittitur
appeals, the remitting party is not barred from
contending in the court of appeals that all or part of the
remittitur should not have been require d, but the
remitting party must perfect an appeal to raise that
point. If the court of appeals sustains the remitting
party's contention that remittitur should not have been
required, the court must render the judgment that the
trial court should have rendered.
History
Notes and Comments Comment to 1997 change: This is former Rule 85. The rule is revised without substantive change. Comment to 2002 change: Subdivision 46.5 is amended to clarify the procedure for offering a voluntary remittitur. The offer may be made in a motion for rehearing without waiving any complaint that the court of appeals erred, thereby extending the deadlines for further appeal.
Provenance
- Source
- txcourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-14
- Content hash
28f8eed1f0ae31a61749fe4176352c7e950cb8d9a9df84f30cfbfb22fb499bdf
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