How much deference should an appellate court give a trial court’s new-trial order? The Texas Supreme Court faces that question in a mandamus case Justice Debra Lehrmann described during Jan. 8 oral argument as having “long-reaching ramifications.”
With In Re Toyota Motor Sales, U.S.A. Inc. and Viscount Properties II, LP, d/b/a Hoy Fox Toyota/Lexis, the high court weighs the issue of reviewing reasons for granting new trials. In 2009, the Supreme Court ruled in In Re Columbia Medical Center of Las Colinas that a trial court must state specific reasons when it grants a new trial.
