The Standard of Review  

When both legal and factual sufficiency challenges are raised on appeal, we must first examine the legal
sufficiency of the evidence.  City of Houston v. Cotton, 171 S.W.3d 541, 546 (Tex. App.- Houston [14th Dist.]
2005, pet. denied).  In conducting a legal sufficiency review, we must consider the evidence in the light most
favorable to the appealed order and indulge every reasonable inference that supports it.  City of Keller v.
Wilson, 168 S.W.3d 802, 821-22 (Tex. 2005); Harris County v. Vernagallo, 181 S.W.3d 17, 24 (Tex. App.-
Houston [14th Dist.] 2005, pet. denied); Prairie View A & M Univ. v. Brooks, 180 S.W.3d 694, 705 (Tex. App.-
Houston [14th Dist.] 2005, no pet.).  The evidence is legally sufficient if it would enable reasonable and
fair-minded people to reach the decision under review.  Keller, 168 S.W.3d at 827-28; Vernagallo, 181
S.W.3d at 24; Brooks, 180 S.W.3d at 705.  This court must credit favorable evidence if a reasonable trier of
fact could, and disregard contrary evidence unless a reasonable trier of fact could not.  Keller, 168 S.W.3d at
827; Vernagallo, 181 S.W.3d at 24; Brooks, 180 S.W.3d at 705.  The trier of fact is the sole judge of the
witnesses' credibility and the weight to be given their testimony.  Keller, 168 S.W.3d at 819; Vernagallo, 181
S.W.3d at 24; Brooks, 180 S.W.3d at 705.

This court may sustain a legal sufficiency, or no evidence, point only if the record reveals one of the
following: (1) the complete absence of a vital fact; (2) the court is barred by rules of law or of evidence from
giving weight to the only evidence offered to prove a vital fact; (3) the evidence offered to prove a vital fact is
no more than a scintilla; or (4) the evidence established conclusively the opposite of the vital fact.  Keller, 168
S.W.3d at 810; Brooks, 180 S.W.3d at 705.  When the evidence offered to prove a vital fact is so weak as to
do no more than create a mere surmise or suspicion of its existence, the evidence is less than a scintilla and,
in legal effect, is no evidence.  See Ford Motor Co. v. Ridgway, 135 S.W.3d 598, 601 (Tex. 2004).

In reviewing factual sufficiency, we must examine the entire record, considering both the evidence in favor of,
and contrary to, the challenged findings.  See Maritime Overseas Corp. v. Ellis, 971 S.W.2d 402, 406-07
(Tex. 1998); Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).  We may set aside the verdict for factual
sufficiency only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and
unjust.  See Ellis, 971 S.W.2d at 407; Nip v. Checkpoint Systems, Inc., 154 S.W.3d 767, 769 (Tex. App.-
Houston [14th Dist.] 2004, no pet.).  The amount of evidence necessary to affirm a judgment is far less than
the amount necessary to reverse a judgment.  GTE Mobilnet of S. Tex. v. Pascouet, 61 S.W.3d 599, 616
(Tex. App.- Houston [14th Dist.] 2001, pet. denied).  We are not a fact finder.  Mar. Overseas Corp. v. Ellis,
971 S.W.2d 402, 407 (Tex. 1998).  Accordingly, we may not pass upon the witnesses' credibility or substitute
our judgment for that of the jury, even if the evidence would support a different result.  Id.  If we determine the
evidence is factually insufficient, we must detail the evidence relevant to the issue and state in what regard
the contrary evidence greatly outweighs the evidence in support of the verdict; we need not do so when
affirming a jury's verdict.  Gonzalez v. McAllen Med. Ctr., Inc., 195 S.W.3d 680, 681 (Tex. 2006) (per curiam).
2900 Smith, Ltd. v. Constellation Newenergy, Inc. (Tex.App.- Houston [14th Dist.] Jul. 21, 2009)(Anderson)
(sworn account, electricity service, notice of higher rate by new provider disputed, sufficiency review,
of facts and conclusions of law, abatement for new judge to file findings)
AFFIRMED: Opinion by
Justice Anderson     
Before Chief Justice Hedges, Justices Anderson and Seymore   
14-08-00061-CV 2900 Smith, Limited and Katie Pham v. Constellation Newenergy, Inc.   
Appeal from 190th District Court of Harris County
Trial Court Judge:
Jennifer Elrod Walker