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Great Western Drilling, Limited v. Alexander

Under the Texas Rules of Civil Procedure Rule 301, a trial court may grant a motion for judgment notwithstanding the verdict if a directed verdict would have been proper. However, if the evidence is factually insufficient, as opposed to legally insufficient, the trial court may not grant a judgment notwithstanding the verdict. The jury's findings in the present case were not so against the great weight and preponderance of the evidence as to be manifestly unjust. Eastland Court of Appeals, No. 11-08-00110-CV, 10-08-2009

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OPINION

Appellant Great Western Drilling, Limited (herein Great Western) brings this appeal from a take-nothing verdict in its suit against appellee Bill Alexander (herein Alexander). In the suit, Great Western sought to recover damages suffered by it because Alexander allegedly conspired with his client Marilyn Paschal (herein Paschal) to convert certain insurance proceeds it claimed. For reasons we later discuss, we affirm the judgment of the trial court.

A review of the somewhat convoluted history of the events giving rise to this suit is necessary to a proper discussion of the appeal. Originally, Great Western filed suit against Paschal asserting that Paschal had conspired with her husband Alan Paschal, who died on June 23, 2003, to embezzle money from Great Western, which was used to purchase insurance policies issued by Cuna Mutual Life Insurance Company, Stonebridge Life Insurance Company, and U.S. Financial Life Insurance Company with death benefits totaling $775,096*fn1 received by Paschal after the death of her husband. Great Western further sought the imposition of a constructive trust on those proceeds.

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