Browning-Ferris Industries, Inc. v. Zavaleta

I dissent from the majority's opinion. The majority reversed this case on the basis that the “evidence is insufficient to show that B.P.I. and Meszaros desired to have Zavaleta indicted in this instance and that the answer of the jury was so against the great weight and preponderance of the evidence as to be incorrect.” In arriving at this conclusion, the majority has not followed the guidelines set down by our Supreme Court which are to be used when reversing a case based upon insufficient evidence.

The procedure which an appellate court must follow when analyzing a factual insufficiency…