PJC Business 2024

D AMAGES

PJC 115.56

346–47 (Tex. App.—Dallas 2011, pet. denied); Grenwelge v. Shamrock Reconstruc tors, Inc. , 705 S.W.2d 693, 694 (Tex. 1986). If both parties sue for declaratory relief on an issue, each must carry its own burden on its request for relief. City of Galveston v. Giles , 902 S.W.2d 167, 172 (Tex. App.—Houston [1st Dist.] 1995, no writ). A jury’s negative answer to a question means only that the party with the burden of proof on that distinct issue failed to carry its burden. Grenwelge , 705 S.W.2d at 694. A party’s failure to obtain a jury finding supporting a necessary element of its claims for declaratory judgment risks waiving those claims. See Double Diamond , 339 S.W.3d at 347. As such, if a party requires the finding of a particular fact as an element for its declaratory judgment claim, it should include a predicate question establishing that fact in the charge. Predicate instructions. Predicate instructions to the jury may also be warranted when the trial court has already made prior legal rulings (by summary judgment, declaratory judgment, or otherwise) that resolve certain issues, but leave discrete, remaining factual determinations (i.e., damages or an award of attorney’s fees) to the jury to find. The trial court has broad discretion in submitting jury questions as long as the charge fairly places the disputed issues before the jury. Campbell v. State , 125 S.W.3d 1, 7 (Tex. App.—Houston [14th Dist.] 2002, no pet.). Explanatory instructions should be submitted when, in the sole discretion of the trial court, they will help the jurors understand the meaning and effect of the law and the presumptions the law cre ates. Pitts v. Sabine River Authority of Texas , 107 S.W.3d 811, 819 (Tex. App.—Texar kana 2023, pet. denied); see, e.g . , Leavitt v. McLane Co. , No. 03-19-00529-CV, 2021 WL 1680217, *4–5 (Tex. App.—Austin Apr. 29, 2021, no pet.).

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