United States Fire Insurance Company Et Al v. William E. Carter

The opinion of the court of civil appeals in this case contains the following language: "Since appellee obviously proceeded
on the theory that the stipulation of total value of the loss was effective, we think that in the interest of justice the
entire judgment should be reversed and remanded for another trial." United States Fire Insurance Company v. Carter, 468 S.W.2d
151, at 155 (Tex.Civ.App. -- Dallas 1971). An appellate court may only reverse for error committed on trial. It may not reverse "in the interest of justice." Having
reversed because of error committed on trial, a court of civil appeals or the Supreme Court may, because the case has not
been fully developed, or in the interest of justice, or for like reason, remand for a new trial rather than render the judgment
which should have been rendered by the court below. See Rules 434 and 505, Texas Rules of Civil Procedure. These rules do
not authorize an appellate court to reverse "in the interest of justice."