The next episode is out in a series of Texas Supreme Court cases that changed the law for granting new trials. But the latest ruling might disappoint attorneys who were looking for more guidance about exactly how appellate courts should review new-trial orders.
The litigants in In Re Stacey Bent and Mark Bent wanted the high court to weigh in on the level of authority an appellate court would have to reexamine evidence that a trial judge used to grant a new trial. Although the high court declined the invitation, the Bent ruling exhaustively rehashes the Supreme Court’s precedents and clearly states that the high court wants appellate courts to use the well known abuse-of-discretion standard and look to federal courts’ precedents regarding new-trial reviews.
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