In Frommer v. Frommer, 981 S.W.2d 811 (Tex. App.--Houston 1st Dist. 1998, pet. dism'd), a divorce case, a jury determined that the husband had not committed a fraud on the community estate. 981 S.W.2d at 812. However, the final judgment awarded the wife a sum of money and stated the reason for the award was the husband's fraud. Id. at 813. Neither party requested findings of fact.
On appeal, the husband contended that the trial court's "finding" in the judgment supporting the additional award to the wife conflicted with the jury finding that he had not committed fraud. Id. at 812-13.
The Court concluded that the findings contained in the judgment could not be used to support a claim on appeal. Id. at 813-14.