Opinion
No. 05-06-01081-CV
Opinion issued September 5, 2006.
Original Proceeding from the County Court at Law No. 1, Dallas County, Texas, Trial Court Cause No. CC-05-15914-A.
Writ of Mandamus Denied.
Before Justices MORRIS, RICHTER, and MAZZANT.
MEMORANDUM OPINION
Relator contends the trial judge was without authority to grant the motion for new trial. The facts and issues are well known to the parties, so we need not recount them herein. Based on the record before us, we conclude relator has failed to show the trial judge clearly abused his discretion. See Tex.R.App.P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-44 (Tex. 1992) (orig. proceeding). Accordingly, we DENY relator's petition for writ of mandamus.
J. Morris dissents and would grant the relief requested.