In an employee-arbitration case, the trial court agreed with an employee that the agreement was unconscionable. Its ordered addressed only some of the employee's arguments, leaving the others unanswered.

On appeal, the employee urged those other grounds as alternate reasons to affirm. The court of appeals reversed and ordered arbitration (the equivalent here of a rendition, not a remand), declining to consider the employee's alternate grounds:

The court did not address any other arguments that Cardwell raised to oppose arbitration, explaining without authority that “as the trial court did not base its determination of unconscionability on those grounds, we need not consider them.” The court of appeals observed in a footnote that Cardwell had not cross-appealed from the trial court’s findings and conclusions or complained of the omission of findings and conclusions.

The Texas Supreme Court reversed that outcome, remanding to the court of appeals to consider those alternative grounds. The Court noted that a party defending the trial court's judgment need not perfect a cross-appeal and that Texas Rule of Appellate Procedure 47.1 says "[t]he court of appeals 'must hand down a written opinion that . . . addresses every issue raised and necessary to final disposition of the appeal.'”