The supreme court again reversed a lower-court finding of briefing waiver in Lion Copolymer Holdings v. Lion Polymers: “A party attacking the factual sufficiency of a finding on appeal must ‘demonstrate on appeal that the adverse finding is against the great weight and preponderance of the evidence.’ This is what Company did, even though it intertwined its analysis with a legal sufficiency complaint. Company identified the damages award, $361,295; evidence that would support that award; and countervailing evidence to argue that ‘the evidence is so weak that it is factually insufficient to support a finding that the Company owed [LP] any money.’ We therefore conclude that the court of appeals erred in holding that Company waived its factual sufficiency complaint by inadequately briefing the issue.” No. 19-0343 (Dec. 18, 2020) (per curiam).
