Pilgrim's Pride Corporation v. Andres Lopez, Elvia Lopez and Maria Guadalupe Lopez
Pilgrim's Pride Corporation v. Andres Lopez, Elvia Lopez and Maria Guadalupe Lopez
Opinion
IN THE
TENTH COURT OF APPEALS
No. 10-04-00361-CV
Pilgrim’s Pride Corporation,
Appellant
v.
Andres Lopez, Elvia Lopez, and
Maria Guadalupe Lopez,
Appellees
From the 19th District Court
McLennan County, Texas
Trial Court # 2001-987-1
MEMORANDUM Opinion
Appellant has filed an unopposed motion to dismiss this appeal and requests that costs be taxed against the party incurring same. However, Appellant’s motion does not indicate that the parties have agreed that costs should be taxed in this manner. See Tex. R. App. P. 42.1(d). Therefore, the motion is granted only in part. The appeal is dismissed, and costs of court are taxed against Appellant.
PER CURIAM
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Appeal dismissed
Opinion delivered and filed March 23, 2005
[CV06]
12pt"> The correct formulation would ask whether a review of all the evidence, both for and against the finding, demonstrates that the finding of guilt is clearly wrong and unjust. Reversal for a new trial could occur because the finding was based on weak or insufficient evidence or because the proof of guilt, although adequate if taken alone, is offset by contrary proof to the extent that the reasonable-doubt standard is not satisfied.
One solution would be to recognize the burden of proof at trial in the statement of the review standard: Given that the burden of proof at trial was beyond a reasonable doubt, does a review of all of the evidence, both for and against the finding, demonstrate that the verdict is clearly wrong and unjust? Such a standard would recognize that the quantum of proof is greater in the criminal context.
BILL VANCE
Justice
Opinion delivered and filed December 18, 1996
Do not publish
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