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HOWELL v. COCA-COLA BOTTLING CO. OF LUBBOCK, INC.

No. B-9343.

599 S.W.2d 801 (1980)

Reverend Rodney HOWELL, Petitioner, v. COCA-COLA BOTTLING COMPANY OF LUBBOCK, INC., Respondent.

Supreme Court of Texas.

May 21, 1980.

Attorney(s) appearing for the Case

Mark Smith & Associates, Lubbock, for petitioner.

Crenshaw, Dupree & Milam, Tom S. Milam and Cecil Kuhne, Lubbock, for respondent.

ON APPLICATION FOR WRIT OF ERROR

PER CURIAM.

We refuse the writ of error in this case, no reversible error, but we disapprove that part of the opinion which holds that Rule 324, Tex.R.Civ.P., required the plaintiff in a non-jury action to file a motion for new trial as a predicate to preserve the alleged error. 595 S.W.2d 208.

The trial court dismissed Reverend Rodney Howell's suit after sustaining a special exception...

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