Robinson v. Preston Chrysler-Plymouth, Inc. , 633 S.W.2d 500 ( 1982 )

BARROW, Justice,

dissenting.

ON MOTION FOR REHEARING

I respectfully dissent from that part of the opinion of April 14,1982 which reverses and remands the case to the trial court for a new trial on the Robinsons’ misrepresentation claim. The basis for the remand was the trial court’s refusal to submit the Rob-insons’ requested misrepresentation issues. Any error in this regard was not properly preserved by the Robinsons for review because it was not assigned as a cross-point in the court of civil appeals. This error was therefore waived by the Robinsons. Rule 420, Tex.R.Civ.Pro.; Hernandez v. City of Fort Worth, 617 S.W.2d 923 (Tex.1981); Jackson v. Ewton, 411 S.W.2d 715 (Tex.1967); see Skaggs & Denison, The Appellee’s Brief, in State Bar of Texas, Appellate Procedure in Texas § 15.16 (2d ed. 1979).

GREENHILL, C. J., and POPE, J., join in this dissent.