and there is factually sufficient evidence to support a finding thereon, the trial court, at the request of either party, may after notice and hearing and at any time before the judgment is rendered, make and file written findings on such omitted element or elements in support of the judgment. If no such written findings are made, such omitted element or elements shall be deemed found by the court in such manner as to support the judgment. A claim that the evidence was legally or factually insufficient to warrant the submission of any question may be made for the first time after verdict, regardless of whether the submission of such question was requested by the complainant. Tex.R. Civ. P. 279. 12 . See id. 13 . Id. 14 . See Ramos v. Frito-Lay, Inc., 784 S.W.2d 667, 668 (Tex.1990) (<HOLDING>) (citing Payne v. Snyder, 661 S.W.2d 134, 142
holding that when the jury finds facts that are so closely related to the omitted element that no rational jury could find those facts without also finding the omitted element this exercise amounts to the functional equivalent of the omitted element holding that we must affirm the jurys verdict against a sufficiency challenge if there is substantial evidence taking the view most favorable to the government to support it internal quotation marks omitted holding that the icaos decision should not be disturbed if it is supported by substantial evidence holding that error is not harmless if the defendant contested the omitted element and raised evidence to support a contrary finding holding that if the omitted element  is supported by some evidence we must deem it found against fritolay under rule 279