# Herbert v. Herbert > Texas Supreme Court · May 25, 1988 · 31 Tex. Sup. Ct. J. 453 URL: https://www.frixlaw.com/law-library/cases/9682120 ## Case - **Full name:** Hansel Kay HERBERT, Petitioner, v. Dorothy HERBERT, Respondent - **Court:** Texas Supreme Court - **Decided:** May 25, 1988 - **Citations:** 31 Tex. Sup. Ct. J. 453; 754 S.W.2d 141; 1988 Tex. LEXIS 59; 1988 WL 51624 - **Precedential status:** Published - **Opinion:** Dissent by Robertson - **Judges:** Kilgarlin, Phillips, Gonzalez, Robertson, Mauzy, Ray, Culver - **Cited by:** 434 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/9682120 ## How later opinions describe it (automated extraction) - 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… - 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 determinin… - 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 determinin… - 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… - reversing court of appeals's decision on factual sufficiency and noting that "[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… ## Opinion text 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). --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9682120. Public record. Not legal advice.