election or if conflicting elections are made, all defendants are considered to have elected Subsection (c)(1). Id. Because no evidence exists supporting submission of the settling defendants’ negligence to the jury, their percentage of responsibility should not have been submitted and no percentage of responsibility should have been allocated by the jury to the settling defendants; indeed, how could the jury assess a percentage of responsibility to the settling defendants in the absence of legally sufficient evidence of their negligence? And because, based on the evidence, no percentage of responsibility should have been allocated to the settling defendants, Appellees cannot be entitled to a percentage-of-responsibility settlement credit. See id. §§ 33.003( 2d 10, 15-17 (Tex.1974) (<HOLDING>). A review of these cases makes it clear that
holding evidence legally sufficient under sections d and e holding evidence legally insufficient holding evidence legally sufficient recognizing that evidence may be legally insufficient where there is variance between indictment allegations and proof holding evidence was legally insufficient to support conviction for violation of sex offender registration requirement