Did You Know . . . ?

by JoAnn Storey

A lawyer's statements during closing argument do not constitute evidence. Kellmann v. Workstation Integrations, Inc., 322 S.W.3d 679, 685 (Tex.App.-Houston [14th Dist.], no pet); see also McCain v. NME Hosps., Inc., 856 S.W.2d 751, 757 (Tex.App.-Dallas 1993, no writ) ("Motions and arguments of counsel are not evidence."); Mood v. Kronos Prods., Inc., 245 S.W.3d 8, 11 (Tex.App.-Dallas 2007, pet. denied) (holding monetary figure provided by counsel during cross-examination of witness, apparently derived from invoices, was "no evidence to support the jury's lost profit award.").

Elementary, yes. But, nice to have at your fingertips when briefing a no-evidence issue under these circumstances.