Summary
denying mandamus relief and reading Columbia to “provide mandamus relief when the trial court fails to specify the reasons for granting a new trial, not to provide a merit-based review on mandamus”
Summary of this case from In re Toyota Motor Sales, U.S.A., Inc.Opinion
No. 04-11-00694-CV
Delivered and Filed: October 5, 2011.
Original Habeas Corpus Proceeding.
This proceeding arises out of Cause No. 11-0527-B, styled Stacy Eastland, et al. v. Camp Mystic, Inc., et al., pending in the 198th Judicial District Court, Kerr County, Texas, the Honorable Rex Emerson presiding. However, the order complained of was signed by the Honorable David Peeples, visiting judge.
Petition for Writ of Mandamus Denied.
Sitting: PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice, MARIALYN BARNARD, Justice.
MEMORANDUM OPINION
On September 20, 2011, relator filed a petition for writ of mandamus, asking this court to review the trial court's August 6, 2011 statement of reasons for granting a partial new trial. Following Columbia, mandamus review is available when a trial court fails to clearly specify the reasons for granting a new trial following a jury verdict. See In re Columbia Med. Ctr. of Las Colinas, 290 S.W.3d 204, 215 (Tex. 2009) (orig. proceeding). However, relator contends that while the trial court complied with Columbia to the extent that it specified the reasons for granting a partial new trial, Columbia supports further review of the merits of the trial court's reasons. Id. We disagree that Columbia broadens our mandamus review to include a review of the trial court's reasoning. We read Columbia to only provide mandamus relief when the trial court fails to specify the reasons for granting a new trial, not to provide a merit-based review on mandamus. Id. Accordingly, the petition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a).