Following the return of a jury verdict in the defendant's favor in this tort case, the trial court granted the plaintiff's motion for a new trial on two bases: that the defendant violated a limine order, and as a sanction for violating that order. An appellate court may conduct a merits review of the bases for a new trial order after a trial court has set aside a jury verdict. If the record does not support the trial court's rationale for ordering a new trial, the appellate court may grant mandamus relief. Mandamus relief is conditionally granted, ordering the trial court to withdraw its order and render judgment on the verdict. Texas Supreme Court, No. 10-0933, 08-30-2013.
In re Toyota Motor Sales, U.S.A., Inc.
Tx. Sup. Ct.
August 30, 2013