law-new-trial-after-jury-verdict | motion for new trial | judgment notwithstanding the verdict (JNOV) |
In re United Scaffolding, Inc., No. 09-0403 (Tex. Jan. 22, 2010)(per curiam)
(grant of new trial after jury verdict requires explanation pursuant to recently established new precedent)
IN RE UNITED SCAFFOLDING, INC.; from Jefferson County; 9th district (09-09-00098-CV, 287 SW3d 274,
04-16-09)
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally
grants the petition for writ of mandamus.
Per Curiam Opinion
GRANT OF NEW TRIAL AFTER THE JURY HAS SPOKEN:
"In the Interest of Justice" now insufficient to support order granting new trial
SUPREME COURT (IN 5-4 SPLIT DECISION) ALTERS PRECEDENT REGARDING TRIAL COURT'S
DISCRETION TO GRANT NEW TRIAL IN THE INTEREST OF JUSTICE: TRIAL JUDGES
MANDAMUSSED TO FURNISH SPECIFIC EXPLANATION FOR GRANTING MOTION FOR NEW
TRIAL (OR SUA SPONTE REASON FOR DOING SO)
SUPREME COURT ORDERS TRIAL COURTS TO EXPLAIN WHY THEY GRANTED NEW TRIALS
"In the Interest of Justice" WILL NO LONGER DO
In Re Columbia Medical Center of Las Colinas, No. 06-0416 (Tex. Jul. 3, 2009)(Johnson) (mandamus granted)
(jury trial, reasons for trial court judge disregarding jury verdict and granting new trial required) (mandamus
granted to order trial court to elaborate on reasons for setting aside jury verdict and granting new trial)(also see
--> JNOV)
IN RE COLUMBIA MEDICAL CENTER OF LAS COLINAS, SUBSIDIARY, L.P. D/B/A LAS COLINAS MEDICAL
CENTER, ANTONETTE CONNER, AND ANNA MATHEW; from Dallas County;
5th district (05-06-00611-CV, ___ SW3d ___, 05-12-06 Opinion of the Dallas Court of Appeals) as reinstated;
stay order issued August 29, 2008, lifted
The Court conditionally grants in part and denies in part the petition for writ of mandamus.
Justice Johnson delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice Brister, and
Justice Willett joined. [pdf]
Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson, Justice Medina, and Justice Green
joined. [pdf]
AFTER MANDAMUS PETITION-ABATEMENT PING-PONG INVOLVING THREE DIFFERENT TRIAL COURT
JUDGES, SUPREMES ORDER THE LAST ONE TO SERVE UP A VALID EXPLANATION WHY NEW TRIAL WAS
GRANTED.
In Re Baylor Medical Center at Garland, No. 06-0491 (Tex. Jul 3, 2009) (mandamus granted)(Johnson)
(trial judge granted new trial and then resigned, mandamus abatement, current judge ordered to provide reason
for granting new trial)
IN RE BAYLOR MEDICAL CENTER AT GARLAND; from Dallas County;
5th district (05-05-01663-CV, ___ SW3d ___, 01-04-06 Opinion of the Dallas Court below)
as reinstated, stay order issued August 29, 2008, lifted
The Court conditionally grants in part and denies in part the petition for writ of mandamus.
Justice Johnson delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice Brister, and
Justice Willett joined. [pdf]
Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson, Justice Medina, and Justice Green
joined. [pdf]
View Electronic Briefs in Tex. 2009 No. 06-0491 IN RE BAYLOR MED. CTR. AT GARLAND
ANOTHER NEW TRIAL - ANOTHER MANDAMUS TO GET THE TRIAL COURT TO JUSTIFY THE ACT
In Re E.I. Du Pont de Nemours and Co., No. 08-0625 (Tex. Jul. 3, 2009)(Johnson)
(mandamus granted: trial court's grant of new trial following jury verdict requires explanation; trial court ordered to
provide specific reason why new trial was granted despite jury verdict for the defense)
IN RE E.I. DU PONT DE NEMOURS AND COMPANY; from Jefferson County;
9th district (09-08-00318-CV, ___ SW3d ___, 07-24-08 Opinion of the Ninth Court of Appeals)
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally
grants in part and denies in part the petition for writ of mandamus.
Justice Johnson delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice Brister, and
Justice Willett joined. [pdf - 3 pages]
Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson, Justice Medina, and Justice Green
joined. [pdf - 1 page]