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

> Court of Appeals of Texas · July 20, 1989 · 777 S.W.2d 134

URL: https://www.frixlaw.com/law-library/cases/9677092

## Case

- **Full name:** William H. HINOTE and Barbara A. Hinote, Appellants, v. OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION, AFL-CIO, LOCAL 4-23, Et Al., Appellees
- **Court:** Court of Appeals of Texas
- **Decided:** July 20, 1989
- **Citations:** 777 S.W.2d 134; 1989 Tex. App. LEXIS 1896; 1989 WL 81225
- **Precedential status:** Published
- **Opinion:** Dissent by Ellis
- **Judges:** Pressler, Robertson, Ellis
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9677092

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9677092. Public record. Not legal advice.