Opinion

Hinote v. Oil, Chemical & Atomic Workers International Union, Local 4-23

  • 777 S.W.2d 134
  • 1989 Tex. App. LEXIS 1896
  • 1989 WL 81225
Court
Court of Appeals of Texas
Filed
Jul 20, 1989
Status
Published
Author
Ellis
On the bench
Pressler, Robertson, Ellis
Cited by
9 cases
Authority
More cited than 8.1%

The opinion

ELLIS, Justice,

dissenting.

I respectfully dissent from the majority’s opinion. In reviewing whether the trial court’s judgment notwithstanding the verdict was proper, we must view the evidence admitted at trial in favor of appellants and determine that there is no evidence upon which the jury could have found for appellants. Exxon Corp. v. Quinn, 726 S.W.2d 17, 19 (Tex.1987). I would affirm the trial court’s judgment because there is no evidence actually connecting Local 4-23 and the seven individual appellees to the acts complained of by the Hinotes. While proof of a conspiracy, in particular, may be made by circumstantial evidence, vital facts may not be proved by unreasonable inferences from other facts and circumstances nor may a vital fact be established by piling inference upon inference. Schlumberger Well Surveying Corp. v. Nortex Oil and Gas Corp., 435 S.W.2d 854, 858 (Tex.1968).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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