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Risner v. McDonald's Corporation6/8/2000
ery that we have already discussed as well as the six eye-witness affidavits that she attached to her motion for new trial. Generally speaking, a party may not present any additional evidence upon a motion for new trial, where that evidence is not newly discovered. See Hilbert v. Melton, 64 S.W.2d 991, 992 (Tex. App.--San Antonio 1933, writ refused). There is nothing in the record indicating that the affidavits constituted newly discovered evidence nor, as previously noted, anything that would indicate to the trial court why these affidavits could not have been obtained earlier and presented to the trial court for its consideration in connection with the motions for summary judgment. We hold that the trial court did not abuse its discretion in denying Risner's motion for new trial. We overrule point of error five.
The judgment is AFFIRMED.
JOHN HILL Justice
Submitted on November 18, 1999
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