explaining that in conducting factual-sufficiency review, appellate court’s admission “that reasonable minds could differ about the conclusion to be drawn from the evidence makes it abundantly clear that a substitution of court findings for jury findings has occurred. This was clearly error.”
How later courts described this case
- explaining that in conducting factual-sufficiency review, appellate court’s admission “that reasonable minds could differ about the conclusion to be drawn from the evidence makes it abundantly clear that a substitution of court findings for jury findings has occurred. This was clearly error.”
- noting that factual sufficiency review allows appellate court judges "to usurp the jury function. It is allowing them to substitute their own thought processes for those of the jury. Any distinction between appellate judges weighing the evidence and appellate judges determining fact questions as would a jury is a distinction that exists in semantics only and not in reality”
- noting that factual sufficiency review allows appellate court judges Ato usurp the jury function. It is allowing them to substitute their own thought processes for those of the jury. Any distinction between appellate judges weighing the evidence and appellate judges determining fact questions as would a jury is a distinction that exists in semantics only and not in reality@
- reversing court of appeals=s decision on factual sufficiency and noting that A[t]he admission by the court of appeals that reasonable minds could differ about the conclusions to be drawn from the evidence makes it abundantly clear that a substitution of court findings for jury findings has occurred. This is clearly error@
Written by the judges who cited it.
The opinion
ROBERTSON, Justice,
dissenting.
I dissent in this cause for the same reasons as are expressed in my dissenting opinion handed down this same day on motion for rehearing in Hurlbut v. Gulf Atlantic Life Insurance Co., 749 S.W.2d 762 (Tex.1988).