Legal Opinion · Dissent

In Re Columbia Medical Center of Las Colinas, Subsidiary, L.P.

Texas Supreme Court

Decided July 3, 2009No. 06-0416Published

1Dissent

Justice O’NEILL,

joined by Chief Justice JEFFERSON, Justice MEDINA, and Justice GREEN, dissenting.

I agree that trial courts should not set aside jury verdicts without valid reasons. And I might agree that a change in the procedural rules to require trial judges to state good cause more particularly than “in the interests of justice and fairness” would be well advised, though the Legislature has only seen fit to impose such a requirement in criminal cases. But declaring such a rule by judicial fiat on interlocutory review, and issuing mandamus relief against the trial court for not following…

2Cases cited28 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Walker v. PackerTexas Supreme Court · 1992
  3. American Manufacturers Mutual Insurance v. SullivanSupreme Court of the United States · 1999
  4. Pool v. Ford Motor Co.Texas Supreme Court · 1986
  5. Johnson v. Fourth Court of AppealsTexas Supreme Court · 1985

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