insufficient evidence point error (Texas) · Go Syfert
← Texas issues

insufficient evidence point error in Texas

29 Texas opinions name it 2 courts 1974–2015 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
Mezick v. Stategreen
texapp · 1996 · cited in 10 Texas opinions naming this issue, 1997–2015
2 sentences

2015This meant sustaining the insufficient-evidence point of error only "if the fact finder could not have reasonably found the fact was established by clear and convincing evidence." Id. (quoting Mezick v. State, 920 S.W.2d 427, 430 (Tex.App.-Houston [1st Dist.] 1996, no writ)).

2015This meant sustaining the insufficient-evidence point of error only "if the fact finder could not have reasonably found the fact was established by clear and convincing evidence." Id. (quoting Mezick v. State, 920 S.W.2d 427, 430 (Tex.App.-Houston [1st Dist.] 1996, no writ)).

610
In the Interest of B.R.green
texapp · 1997 · cited in 11 Texas opinions naming this issue, 1997–2015
2 sentences

2015This meant sustaining the insufficient-evidence point of error only "if the fact finder could not have reasonably found the fact was established by clear and convincing evidence." Id. (quoting Mezick v. State, 920 S.W.2d 427, 430 (Tex.App.-Houston [1st Dist.] 1996, no writ)).

2015This meant sustaining the insufficient-evidence point of error only "if the fact finder could not have reasonably found the fact was established by clear and convincing evidence." Id. (quoting Mezick v. State, 920 S.W.2d 427, 430 (Tex.App.-Houston [1st Dist.] 1996, no writ)).

311
Williams v. Texas Department of Human Servicesgreen
texapp · 1990 · cited in 5 Texas opinions naming this issue, 1991–1997
2 sentences

1997We will sustain an insufficient evidence point of error only “if the fact finder could not have reasonably found the fact was established by clear and convincing evidence.” Mezick, 920 S.W.2d at 430, quoting Williams, 788 S.W.2d at 926 .

1997We will sustain an insufficient evidence point of error only “if the fact finder could not have reasonably found the fact was established by clear and convincing evidence.” Mezick, 920 S.W.2d at 430 , quoting Williams, 788 S.W.2d at 926 .

25
In Re King's Estategreen
tex · 1951 · cited in 5 Texas opinions naming this issue, 1974–1997
2 sentences

1985In considering the insufficient evidence point of error, we will follow the well established test set forth in In re King’s Estate, 150 Tex. 662 , 244 S.W.2d 660, 661 (1951).

1985In considering the insufficient evidence point of error, we will follow the well established test set forth in In re King’s Estate, 150 Tex. 662 , 244 S.W.2d 660, 661 (1951).

25
In the Interest of L.R.M.green
texapp · 1989 · cited in 2 Texas opinions naming this issue, 1990–1991
2 sentences

1991Williams v. Texas Dep't of Human Servs., 788 S.W.2d 922, 926 (Tex.App — Houston [1st Dist.] 1990, no writ); In the Interest of L.R.M., 763 S.W.2d 64, 66-67 (Tex.App. — Fort Worth 1989, no writ).

1991Williams v. Texas Dep’t of Human Servs., 788 S.W.2d 922, 926 (Tex.App.—Houston [1st Dist.] 1990, no writ); In the Interest of L.R.M., 763 S.W.2d 64, 66-67 (Tex.App.— Fort Worth 1989, no writ).

22
Neiswander v. Baileygreen
texapp · 1982 · cited in 2 Texas opinions naming this issue, 1998–2000
2 sentences

2000In re B.R., 950 S.W.2d at 119 ; see also, Neiswander v. Bailey, 645 S.W.2d 835, 835-36 (Tex.App.—Dallas 1982, no writ); Mezick v. State, 920 S.W.2d 427, 430 (Tex.App.—Houston [1st Dist.] 1996, no writ); In the Interest of P.S. and L.S., 766 S.W.2d 833, 835 (Tex.App.—Houston [1st Dist.] 1989, no writ).

1998STANDARD OF REVIEW Recently, this court has determined that where the burden of proof at trial is by clear and convincing evidence, we will apply the higher standard of factual sufficiency review first articulated in Neiswander v. Bailey, 645 S.W.2d 835 (Tex.App.-Dallas 1982, no writ). 5 After considering all of the evidence, we must determine whether the trier of fact could reasonably conclude that the existence of the fact is highly probable. 6 Under this standard, we must consider whether the evidence was sufficient to produce in the mind of the fact finder a firm belief or conviction as to

12
In the Interest of P.S.green
texapp · 1989 · cited in 1 Texas opinions naming this issue, 2000–2000
1 sentence

2000In re B.R., 950 S.W.2d at 119 ; see also, Neiswander v. Bailey, 645 S.W.2d 835, 835-36 (Tex.App.—Dallas 1982, no writ); Mezick v. State, 920 S.W.2d 427, 430 (Tex.App.—Houston [1st Dist.] 1996, no writ); In the Interest of P.S. and L.S., 766 S.W.2d 833, 835 (Tex.App.—Houston [1st Dist.] 1989, no writ).

11
Cain v. Baingreen
tex · 1986 · cited in 1 Texas opinions naming this issue, 1993–1993
1 sentence

1993Cain v. Bain, 709 S.W.2d 175, 176 (Tex.1986). 7 .

11
Shelton v. Ectorgreen
texapp · 1963 · cited in 1 Texas opinions naming this issue, 1991–1991
1 sentence

1991E.g. , Shelton v. Ector , 364 S.W.2d 425, 428 (Tex. Civ.

11
O'NEIL v. MacK Trucks, Inc.green
tex · 1976 · cited in 1 Texas opinions naming this issue, 1984–1984
2 sentences

1984The fourth point, although appearing at first light to be a multifarious one of ambiguous nature and offering sundry contentions of error, is in actuality, when measured by the development of it under the criterion of O'Neil v. Mack Trucks, Inc., 542 S.W.2d 112, 114 (Tex.1976), an insufficient evidence point of error.

1984The fourth point, although appearing at first light to be a multifarious one of ambiguous nature and offering sundry contentions of error, is in actuality, when measured by the development of it under the criterion of O’Neil v. Mack Trucks, Inc., 542 S.W.2d 112, 114 (Tex.1976), an insufficient evidence point of error.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
In Re KC green
texapp · 2000
2 sentences

2002The Ninth Court of Appeals has held that to withstand a factual sufficiency challenge in parental termination cases, "the evidence must permit a rational trier of fact to hold a firm belief or conviction as to the truth of the allegations sought to be established." In re K.C., Jr., 23 S.W.3d at 605 .

2002The Ninth Court of Appeals has held that to withstand a factual sufficiency challenge in parental termination cases, “the evidence must permit a rational trier of fact to hold a firm belief or conviction as to the truth of the allegations sought to be established.” In re K.C., Jr., 23 S.W.3d at 605 .

22002–2002
Tate v. Tate green
texapp · 2000
1 sentence

2003Id.

12003–2003
Hann v. Texas Department of Protective & Regulatory Services green
texapp · 1998
1 sentence

2000“Even applying the heightened standard of review which we have adopted, a factual sufficiency point requires us to examine all of the evidence in determining whether the finding in question is so against the great weight and preponderance of the evidence as to be manifestly unjust.” Hann, 969 S.W.2d at 82 . 2.Legal Sufficiency Standard of Review Although we use a heightened standard of review for factual sufficiency challenges, we use the traditional standard of review for legal sufficiency challenges.

12000–2000
Cartwright v. Canode green
tex · 1914
2 sentences

1974Cartwright v. Canode, 106 Tex. 502 , 171 S.W. 696 (1914); *700 Biggers v. Continental Bus System, 157 Tex. 351 , 303 S.W.2d 359 (1957); In re King’s Estate, 150 Tex. 662 , 244 S.W.2d 660 (1952).

1974Cartwright v. Canode, 106 Tex. 502 , 171 S.W. 696 (1914); *700 Biggers v. Continental Bus System, 157 Tex. 351 , 303 S.W.2d 359 (1957); In re King’s Estate, 150 Tex. 662 , 244 S.W.2d 660 (1952).

11974–1974
Biggers v. Continental Bus System, Inc. green
tex · 1957
2 sentences

1974Cartwright v. Canode, 106 Tex. 502 , 171 S.W. 696 (1914); *700 Biggers v. Continental Bus System, 157 Tex. 351 , 303 S.W.2d 359 (1957); In re King’s Estate, 150 Tex. 662 , 244 S.W.2d 660 (1952).

1974Cartwright v. Canode, 106 Tex. 502 , 171 S.W. 696 (1914); *700 Biggers v. Continental Bus System, 157 Tex. 351 , 303 S.W.2d 359 (1957); In re King’s Estate, 150 Tex. 662 , 244 S.W.2d 660 (1952).

11974–1974

Statutes the citing opinions construe

TX § Tex. Fam. Code § 161.001 (12) TX § Tex. Fam. Code § 101.007 (9) TX § Tex. Fam. Code § 161.207 (5) TX § Tex. Fam. Code § 107.013 (4) TX § Tex. Educ. Code § 25.085 (3) TX § Tex. Fam. Code § 109.002 (3) TX § Tex. Fam. Code § 261.101 (3) TX § Tex. Fam. Code § 262.104 (3) TX § Tex. Fam. Code § 262.112 (3) TX § Tex. Fam. Code § 262.201 (3) TX § Tex. Fam. Code § 263.401 (3) TX § Tex. Water Code § 11.086 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

← Caselaw search · G Cite Topics · Brief Check